QUESTION
Can he still get a free attorney even if we can get enough money to bail him out for his domestic battery charge?
Asked on Sep 18th, 2012 on Criminal Law - Florida
More details to this question:
My father was intoxicated and he had not taken his bipolar medication in a month. I called the cops on him because he pushed me into the front door. He is in jail but we want to bail him out. My mom says we cannot because then we do not get a free attorney, is this true?
14 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 2:43 AM
Michael J. Breczinski
No.
Answered on May 22nd, 2013 at 2:42 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I cannot tell you. It depends on the public defender's evaluation of his finances.
Answered on Sep 28th, 2012 at 12:51 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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It is not true.
Answered on Sep 21st, 2012 at 5:57 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Don't simply run out and pay bail without consulting counsel first. The premium fee paid to a bail bondsman is non-refundable, OR you would have to post the full amount of the bail in cash directly to the court to have any chance of refund when the case is over. Either way, that money could be used to hire an attorney. The defendant could first try for OR release or bail reduction at their first court appearance. Plus, posting bail carries risk to the property you must put up as security with a bail bondsman. If the defendant misses any court appearance the bail is forfeited, and you lose the property secured.
Answered on Sep 21st, 2012 at 5:32 PM
Michael Paul Vollandt
No. If you pay bail to bail him out that does not mean that he is eligible for a court appointed lawyer. If he can not afford one, then court will appoint one.
Answered on Sep 21st, 2012 at 5:30 PM
Your mom is wrong. To get a free attorney you need to fill out an asset declaration. That's what the Judge goes by. Bail is often paid by friends or relatives, and has no bearing on a defendant's own ability to pay for an attorney.
Answered on Sep 21st, 2012 at 5:18 PM
1 Award
Whether or not someone qualifies for a public defender is based on their income level. Paying bail will not affect the determination.
Answered on Sep 21st, 2012 at 4:43 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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No. A court-appointed attorney request does not consider the posted bond unless a large amount was posted.
Answered on Sep 21st, 2012 at 4:40 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No one gets a "free" attorney. You have to repay the cost of a court appointed attorney. Bail doesnt matter, by the way. Income makes the decision of whether someone is eligible for a court appointed attorney.
Answered on Sep 21st, 2012 at 4:25 PM
Free attorneys are hard to come by. If your dad is indigent then he may be able to get a court-appointed lawyer but he has to ask the judge for one. These guys are not free however. Their rates are very low and payment may take time but they must be paid.
Answered on Sep 21st, 2012 at 4:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The question is his money and assets, if you bail him out it is not his money, if your mother does, that might be another matter. In any case, get him an attorney now.
Answered on Sep 21st, 2012 at 4:14 PM
Thomas Edward Gates
Your father would be screened by the public defender to see if he qualifies for a "free" attorney to handle his case. Generally, qualification is determined by income.
Answered on Sep 21st, 2012 at 4:13 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes and No, to the questions asked.
Answered on Sep 21st, 2012 at 3:51 PM