I was indicted yesterday. I called the courthouse today to find out if they got my letter asking for a waiver of my hearing set for tomorrow & was told that yes, they got it, but it didn't matter since I was indicted.
Here's the problem: I'm still unrepresented by counsel.
The guy the lawyer referral service referred me to asked for the lowest fee possible--$2750. But it's upfront. I don't have that--no one I know does. I called the service back & asked what could I do. They basically told me I can do nothing, that it's up to the judge's discretion whether or not to postpone. If he feels I've had ample time to secure representation (which I have), then they can proceed without me having an attorney. I was told that the concept of "a guaranteed right of representation" has basically been amended to "a guaranteed right of representation...if you qualify."
So NOW...I could go to jail simply because of a fucking financial LOOPHOLE! What the fuck is WRONG with this? How many people do YOU know who have $2750 lying around? Or $5000? Or $15,000?
All I know is that if this goes to trial & I'm still unrepresented, I will flat-out point-blank tell the judge that I will file every appeal possible based on the grounds that I had inadequate representation--indeed, NO representation--& that despite my most visible desire for it, the trial still proceeded. Like I've said before, 15 years of watching "Law & Order" does NOT qualify me to be trial counsel. And I'll win on that.
Posted by Tahna Los (Member # 33) on :
This is from legal aid? Gosh. Move to Canada.
Posted by MinutiaeMan (Member # 444) on :
quote:I was told that the concept of "a guaranteed right of representation" has basically been amended to "a guaranteed right of representation...if you qualify."
Good god... so much for the principles this great nation was founded on. (But then, most everyone knew our principles were shot to hell long ago.)
Isn't that supposed to be one of the Miranda Rights the police still read you? "You have the right to an attorney, and one will be provided if you can't afford one"? I'd hate to see their definition of "afford."
You have my sympathy, Shik. I don't think that's a reason why ANYONE should get screwed over like that... Posted by Shik (Member # 343) on :
Well, think of it this way. I make between $1000 & $1200 a month gross. That's $12,000 to $14,400 a year. And I was told by the PD's office in December that I "far exceeded" the upper limits for qualification.
Posted by MinutiaeMan (Member # 444) on :
quote:Originally posted by Shik: Well, think of it this way. I make between $1000 & $1200 a month gross. That's $12,000 to $14,400 a year. And I was told by the PD's office in December that I "far exceeded" the upper limits for qualification.
Heh... yeah, if you live in a cardboard box, and your 'wheels' are on a shopping cart...
(An exaggeration there, I know. It's intended to be facetious, not derogatory. )
Posted by Snay (Member # 411) on :
How much is your car worth?
As I understand it, if you have the money in assets you can sell-off, then you have the money.
Posted by Shik (Member # 343) on :
I don't have any equity in the car, though. I've only been paying into the loan since mid-November 2001.
Posted by Shik (Member # 343) on :
My actual knowledge of what members of the Who are like is limited. But it doesn't seem completely out of the question that people might want to go to those sites for research reasons.
Posted by Vogon Poet (Member # 393) on :
This has been a great source of humour during my production meetings for Tommy.
Posted by Vogon Poet (Member # 393) on :
It also puts Ed Rooney's dogged pursuit of Ferris Bueller in a whole different light.
Posted by MinutiaeMan (Member # 444) on :
Especially that one particular quote, "Your ass is mine!"
Posted by Shik (Member # 343) on :
Yeah. So. Court.
I planned to leave at 6. It's a 2�-hour drive, & it would give me 45 minutes to spend for possible traffic around Harrisburg.
I woke up 20 minutes late; turned off both alarms by accident instead of just the 0440 one. Showered, dressed, gassed, & made mad time makeup (average constant velocity: Warp 8.8) All was well until I hit the Maryland state line. Apparently at SOME point there'd been an accident. It was over, but people still had to drive SO FUCKING SLOW. I was a raving lunatic, screaming at them. All I could think was that if I wasn't there by 0915, I'd be in jail.
I got in at 0935. I BOLTED in & up. They still hadn't started. OF COURSE. Fucking bureaucracy! I sat & waited. They did a few motions & then the arraignments. We all had to stand up there in a row; I was the only one not dressed like a flood victim.
They read off all the charges. All 22 counts. And the maximum penalties. I lost track of the math, but if I got the max for every count, I'd be in jail for like 197 years & owe them a gabazillion dollars in fines. When the judge noted that I was unrepresented & that I could use the PD, I mentioned that I'd talked to the PD & that they rejected me, & that I could not afford a private attorney. The judge looked at me & said, "Well, if you still aren't represented by the start of trial, you will have been assumed to have waived your right to counsel. We're not in the business of defending you." He then said the trial date would be within 180 days of arraignment. Then I was excused.
I walked out & something snagged at me in my mind. I'd gotten the notice of arraignment with my charging sheet. Then I'd gotten 2 separate notices for motions for the same day & time. I looked on the docket register outside & there I was, listed for motions. So I went back in.
I waited & waited, & the courtroom emptied out. Eventually, a clerk came out & said, "Why are you still here?" I told him & he said it was only the arraignment. I explained about the notices--showed them to him--& mentioned the outer docket listing. He said he'd find out. About 10 minutes later, the judge called my name & told me that the motions were postponed until I had counsel. So.
It was now 1145. I figured, "what the fuck," & walked the 3 blocks to the PD's office. Once there, I asked if I could reapply (I could) & explained to them that I didn't expect to be eligible since I wasn't last time. Further discussion & my having my rejection notice with me (I just brought everything related to the case with me) enabled them to find out why I was rejected in the first place.
It seemed that they took my paystubs in December as fine, but I'd brought 2 Social Security notices with me: one for December showing that the amount was $424 or so, & the one stating that from January onward it would only be $120 or so. I explained this in detail to the person I spoke to in December. But they used the $424 as the basis & not the $120. So it shoved me over the line.
I was told to come back in person with my most recent paystubs & Social Security letter stating the current amount of benefits & then I would "most likely" be eligible for PD services. Most likely. No guarantees. This morning I did a little math. Because Domino's changed the way they report tips, when (if) I reapply at the PD's office in MD, it'll show up as being that I make MORE money than I did before when in fact I make LESS. So basically, yes I AM going to jail because I can't fucking afford an attorney. Do you smell appeal? So do I.
Where's the ACL-fucking-U when you really need them?
Fucking bureaucracy.
I miss Lindsey. I want her back. Right now. I'm tired of all this bullshit. This should NOT have to fucking HAPPEN. The people in front of me whose cases were called...THEY are real criminals. They bashed in relatives' skulls with hammers & 2-by-4s, planted acid bombs in police stations in response to being jilted, performed theft on a grand scale. I fell in love. We were fine. We were good. We were HAPPY, & not hurting anyone, least of all each other. But gods forfend that people should be in love.
America SUCKS.
Posted by Sol System (Member # 30) on :
Alleged real criminals.
Posted by TSN (Member # 31) on :
The simple fact is that you are a real criminal. A confessed real criminal, no less. I mean, I'm not using that as a derogatory term, or anything. I'm a criminal, too, when it comes down to it. But, just because you disagree w/ the law, that doesn't make you non-criminal. You performed an action that is banned by law. Therefore, by definition, you are a criminal. Try to argue that what you did wasn't wrong, if you like, but don't claim it wasn't a crime.
Posted by Wraith (Member # 779) on :
quote: I'd be in jail for like 197 years
Why is it that American judges set ludicrously long prison sentences instead of just saying life? They do know people don't live that long, don't they?
quote: The judge looked at me & said, "Well, if you still aren't represented by the start of trial, you will have been assumed to have waived your right to counsel. We're not in the business of defending you."
Charming. Surely this could be argued as breach of the right to a fair trial? Wouldn't it actually be cheaper in the long run for them to supply a lawyer rather than have the possibility of an appeal on grounds of compromised rights?
And what you did is a criminal offense, like it or not. It may not be as major an offense as some other crimes but it was still a crime. I do see your point though.
![[Frown]](frown.gif)
![[Smile]](smile.gif)
)