QUESTION
Can this charge failing to yield right of way be tried without an attorney?
Asked on Jan 29th, 2014 on Criminal Law - Michigan
More details to this question:
Can a misdemeanor traffic charge of failing to yield right of way be tried without a lawyer representing the defendant? Even if they asked for a lawyer?
6 ANSWERS
Just set it for trial and if the cop doesn't show up you win.
Answered on Jan 31st, 2014 at 4:11 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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This is a civil traffic infraction, which means all you can get is a fine. Because t is not a criminal case, you are not entitled to a public defender. Yes, you could try this case without an attorney. Not necessarily the wisest, but you can.
Answered on Jan 31st, 2014 at 4:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need more details to answer your question. What is the jail time possible? Why were you denied an appointed attorney? On your question, yes the trial can go forward.
Answered on Jan 31st, 2014 at 4:11 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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Yes. You have the right to hire a lawyer, but if the prosecution is not seeking jail time and you cannot afford an attorney, you will not get a public defender.
Answered on Jan 31st, 2014 at 4:10 PM
James Edward Smith
Up to Judge
Answered on Jan 31st, 2014 at 4:10 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Yes, under some conditions. Courts are only obligated to provide court-appointed counsel to indigent defendants charged with felonies. If it's a misdemeanor the court has discretion. The court will usually only provide you with an attorney for a misdemeanor if there is a mandatory jail sentence or the judge believes that jail is likely.
Answered on Jan 31st, 2014 at 4:10 PM