QUESTION
Can a judge deny my right to a lawyer in a criminal prosecution?
Asked on Dec 30th, 2014 on Criminal Law - New Jersey
More details to this question:
I was charged with disorderly conduct in Camden, NJ. I went to the arraignment and the judge gave me two option:(1) Plead guilty or (2) Go to trial. I asked the judge for an application for a court appoint lawyer and the judge denied my request because I am not facing jail time, although I am financially qualified for one. I believe that my rights to a fair trial are denied because I now have no other option but to represent myself against the state in a criminal trial. Is this unconstitutional?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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What is the actual charge? The disorderly persons offense is a broad based charge. What were the specific allegations in the charge? What was the disorderly person's behavior? If the conduct is not sufficiently bad, the judge is telling you that no trial is needed. You can apply for a public defender if the charge involves the threat of incarceration. If there is no chance of incarceration, the judge may not give you a public defender. Please let me know the specifics of the charge, and I can answer the question properly as to the right to have an attorney. Ed Dimon
Answered on Dec 30th, 2014 at 2:37 PM