QUESTION
How can I prove someone is innocent of a crime if I can't afford a lawyer?
Asked on Jan 11th, 2013 on Criminal Law - Florida
More details to this question:
My brother got arrested for possession last night. He had given a buddy a ride in his car, and that guy's baggie must have fallen out of his pocket when he got out. When my brother got pulled over, the found the stuff and arrested him. I know my brother is clean, he lives with me and I make sure he doesn't touch any drugs (he has a history of abuse). He can't afford a lawyer and I can't afford one for him. But he can't go back to jail, he's getting his life in order. What can he do?
10 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you and he cannot afford an attorney, have him ask the judge to appoint a public defender to represent him.
Answered on Jan 14th, 2013 at 8:27 PM
Michael J. Breczinski
Get a lawyer and fight the matter.? He did not know the dope was there and it was not his. Get a cor appointed lawyer anyway. Many of them are good.
Answered on Jan 14th, 2013 at 6:39 PM
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He should ask the judge to appoint a public defender for him. Also, keep in mind that it is not his job to prove that he is innocent, but instead it is a prosecutor's job to prove he is guilty. It would help his case if his buddy will admit the stuff was his.
Answered on Jan 13th, 2013 at 10:16 PM
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You are asking a very hard question. Would you ask a mechanic to loan you his tools and explain how to fix your car and not pay him for his advise and experience. I or any attorney can't teach you how to be an attorney. Experience is priceless and what I do and what I know comes from 20 years of experience. What you will have to do is get him a public defender because if you don't have any money the court will provide an attorney for him because he is looking at possible jail time. Most private attorney start out as PD so PD are very good attorneys. Good Luck.
Answered on Jan 11th, 2013 at 2:25 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If he cant afford an attorney, the court will appoint him a public defender. Many public defenders are very good attorneys.
Answered on Jan 11th, 2013 at 2:24 PM
Not much you can do. It's either hire a lawyer or face jail my friend.
Answered on Jan 11th, 2013 at 2:24 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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The court can appoint an attorney if he cannot afford one.
Answered on Jan 11th, 2013 at 2:23 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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If he can't hire a lawyer and he is charged with a misdemeanor or felony the judge will appoint the public defender to be his lawyer, who should be able to present the facts.
Answered on Jan 11th, 2013 at 12:51 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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The burden of proof in on the state to prove your brother is guilty beyond a reasonable doubt. You don't have to prove he is innocent, but what you do need is a legal team on his side. I would immediately call on my investigator to talk to the people the police refused to speak with. With a bit of effort, he can be helped.
Answered on Jan 11th, 2013 at 12:21 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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He can name the person who was in the car. He can probably get the public defender appointed to represent him and tell all these facts to the pd.
Answered on Jan 11th, 2013 at 11:57 AM