QUESTION
If I request a continuance to find an attorney, would I still be able to have a court appointed attorney?
Asked on May 31st, 2013 on DUI/DWI - California
More details to this question:
I am not sure if I can afford a private attorney but would like more time to consult with them and determine the best course of action. My first court date is next week. If I request a continuance to find an attorney, do I then have to hire a private attorney or can I request a court-appointed attorney on the following court date?
8 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I would suggest that you get screened for a public defender at your first hearing, that way you can see if you qualify. You can still use a private attorney if you want, but at least you will better know your options.
Answered on Jun 04th, 2013 at 2:00 AM
2 Awards
Court appointed attorneys are determined by income requirements. You can always ask to apply for a public defender - but you may not be accepted.
Answered on Jun 04th, 2013 at 2:00 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You can do both, the Judge will likely refer you to the "free" lawyer (unless you make too much money to qualify) and you can also contact and meet with "private" counsel (privately paid lawyers) to discuss your case and possible outcomes. Many private attorneys will work with your finances if they think they can help you.
Answered on Jun 04th, 2013 at 2:00 AM
Michael J. Breczinski
If you are unable to hire an attorney then the court will give you one.
Answered on Jun 04th, 2013 at 1:54 AM
You can request a continuance at your first court date and the judge will allow it. You don't have to explain why you want the continuance. If you come back for the 2nd court date and you still don't have an attorney, the judge may not be too happy with you. I suggest that you start calling attorneys now to get price quotes and then if you can't afford a private attorney, call the public defender's office and ask if you can fill out an application.
Answered on Jun 04th, 2013 at 1:54 AM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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The judge may consider your willingness and capability to hire private counsel when assessing your later claim of indigency.
Answered on Jun 04th, 2013 at 1:53 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Yes. However when u ask for the continuance, ask for the court appointed atty then.
Answered on Jun 04th, 2013 at 1:53 AM
Benjamin Echols
Yes, almost all California judges allow you ask for a court-appointed attorney after you find you cannot hire one on your own.
Answered on Jun 04th, 2013 at 1:53 AM