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Did the Court rule that a defendant could never act as his or her own lawyer?
Wiki User
∙ 14y ago
Only if they are found to be mentally incompetant. You are allowed to represent yourself, that is in either the Bill of Rights or the Constitution. Those rights, they cannot take away.
Another View: I'm not certain that there has ever been a blanket ruling (i.e.: a ruling that covers ALL cases), that a defendant can never act as his own attorney, but it has certainly occurred in Capital Cases where the death penalty or long imprisonment was at stake. It is done in these cases, not only to protect a lay-person defendant acting as his own counsel, but to protect the state from having to re-try the case on grounds that the defendant defended himself (with the court's permission) in an incompetent manner.
Wiki User
∙ 14y ago
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Court date for something that you never did and you were never informed of this court datehow should you approach this?
lawyer
What does a family do?
You should never have a doubt in that. It is always good if we have a family lawyer. A family lawyer is someone who knows the family law. He often knows many ways to resolve the problems and conflicts. There has been situation where my family had to report to a court to deal a family related case. It was because of the family lawyer that we could save time and money. He is from the Monteith Baker Johnston and Doodnauth at Newmarket, Ontario. He never allowed us to say or do something stupid in the court. It was too good to have a lawyer like him accompanying all the way.
What can happen if a defendant never appears in court after receiving a summons in a civil case?
The court can rule in favor of the plaintiff. This is not an unusual occurrence. The plaintiff usually gets everything they asked for, which may be money, injunctions and compensation for court costs.
If you were married in indi but never got married in the us what are the procedured for divorce in Illinois?
You see an Illinois divorce lawyer to get the information you need. You will need a lawyer to go through the court system.
Can you file for bankruptcy through a lawyer without ever going to court?
If you file a chapter 7, and there are no problems, you will never go to a court. But you WILL be required to meet with the BK trustee, even if you have a lawyer, for a 341 creditors hearing (these usually last 5 minutes or less)
Can someone sue another person if they do not live in the same state?
Yes, they can, but the court must have jurisdiction over the defendant (the person you sue). In general, the court will have jurisdiction if the defendant has some connection to the state you are suing in such that it is reasonable for the defendant to be forced into court in that state. For example, the defendant has a business in the state, or the lawsuit is about a product that the defendant sold in the state, or something the defendant did in his state had a predictable (and harmful) effect in the state where the lawsuit is brought. You cannot sue a person in a state where that person has absolutely no connection (e.g., doesn't live here, has never been here, has no business connection here, etc.). Think of it this way: If the defendant injured you somehow in Nevada, you couldn't sue him in California (unless he or she lived in California too). But if a defendant standing in Nevada shot you with a gun and the bullet hit you in California, you could sue the defendant in California because the defendant intentionally caused harm in California, creating the necessary connection to the state. In federal court you can sue a person in another state. This is because there is a type of jurisdiction particular to federal courts that is cdalled "diversity jurisdiction". This refers to the fact that the federal court is consideered to be the neutral territory for suit between citizens of different states. It dates back to an old their that courts in one state would be prejudiced against litigants from other states. Another aspect of jurisdiction is "personal jurisdiction". This refers to the concept that a defendant must be served with precess (i.e. the summons and complaint) do that the court has jurisdiction over them. This is considered to be a due proce3ss right in that the person being sued has knowledge of the suit and is given the chance to defend.
Do you need a lawyer for assault on a female charge?
You should never go into court without an attorney. Particularly when there are criminal charges involved.
Could I get in trouble for fraud if I pretended to be a lawyer on the phone to get this company to stop threatening my mom's business They keep call and sending bills for a service never received?
Yes you could ! Impersonating someone from a business is illegal in many countries. You could indeed land yourself in court for fraud ! The legal course of action would be for your mother to get a lawyer to contact the company concerned and warn them what they're doing is harassment.
If you are acting pro se in a custody suit are allowed to have co-counsel?
fool for a clientthis will depend on the judge most likely. He might see it as a ploy to allow yourself to 'flap your jaws"--pardon the expression. He or she may require the lawyer do all the talking. This is a rare question. I've never seen it come up in 35 years. frequently, in a criminal case, a defendant may ask to represent himself (probably to reaffirm the adage that "he who acts as his own lawyer has a fool for a client." ) In that case, the court will frequently appoint a lawyer to advise the defendant. I would suspect that your main problem would be to get a lawyer to help under these circumstances. He or she might just have to sit there while you do a gem of a job making a fool of yourself. (and that's usually what winds up happening). my advice: If you're going to hire a lawyer, let him or her do the work. its the same price. good luck!
Can I get custody without a lawyer when the father will not show up for the court case his name is not on the bc or her passport never married and no custody court order just csupport from state?
You already have sole custody
If application of accelerated rehabilitation is granted by the court is that considered an admmission of guilt or a conviction?
In CT it is neither. Unless the law has changed, if the defendant enters AR and completes the period of probation (by meeting all the requirements of the court), all charges are dismissed. Upon completion, the defendant can, or the court may on its own motion, request that all record of the crime be removed from his/her record and the court will do so. The accused would then able to swear under oath that he/she was never even arrested for the offense. There are cases where a court could refuse to remove the charge from the record, but they are quite limited I believe. (See CT Gen Stat. 54-56e)
Is it a good idea to defend your own case in court?
No, it is never a good idea. There is an old saying: "The man who acts as his own lawyer has a fool for a client".
