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If you meet the qualifications to be represented by a public defender, one will be appointed for you. Usually, the biggest qualifying/disqualifying factor is whether you have the income to hire your own attorney or not.
It must be for a criminal case - Public Defenders are not supplied for civil cases. You must qualify by income level. If your income is above a certain level you will not qualify for a Public Defender and you must supply your own.
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∙ 13y ago
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Which type of a defense is an attorney using when the attorney claims that the defendant's actions were necessary to ensure the defendant's physical safety?
alibi
Can you serve a summons on a plaintiff's attorney if the defendant cannot be located to be served?
Can I serve a summons to the defendants attorney if the defendant cannot be found
In a criminal trial who has the burden of proving criminal defenses?
The Prosecution (the State) presents the case against the defendant. The Defense Attorney has to provide the defenses.
Does the defendant sit with their attorney in court?
Yes
What is called a person defending the defendant?
In this state a person defending the defendant is called the defense attorney.
Does the court need to appt a attorney when a defendant can not afford one and is a first time feloney offense?
In the United States, the court is required to appoint an attorney to represent a defendant who cannot afford one in a felony case, regardless of whether it is the defendant's first offense. This right to counsel is protected by the Sixth Amendment of the U.S. Constitution.
Who defends the defendant?
The defense attorney or the public defender
Can an attorney who represented a defendant prosecute a probation revocation hearing of the same defendant?
Something is not right with this question. Did the defense attorney suddenly go to work for the prosecutor's office?
Is the defendant always required to provide testimony in the trial?
No, the defendant is not required to provide testimony in their trial. The right to remain silent is protected under the Fifth Amendment of the U.S. Constitution, and a defendant cannot be compelled to testify against themselves.
When a lawsuit is filed in Massachusetts and plaintiff is a Mass resident but defendant is Maryland resident can the defendant be issued a subpoena to be deposed in Massachusetts?
Your attorney would be best to answer that questions. Since we do not have the full facts of the case and this place does not provide legal advice since not everyone here is an attorney. Call your lawyer or Google one for a free consultation.
Is it uncommon for a defendant to waive his or her rights to an attorney and undertake his or her own defense?
It is relatively uncommon for a defendant to waive their rights to an attorney and represent themselves in court. This is known as "pro se" representation. It can be challenging for individuals without legal training to navigate the complexities of the legal system and mount an effective defense without professional counsel. However, in some cases, defendants may choose to represent themselves if they feel they have a better understanding of their case or if they have limited resources to hire an attorney.
Can a attorney get attorney fees from the defendant in a tort law case?
Yes, there are cases that I heard about this. This is possible.
