Legal Question in Criminal Law in Arizona

what course of action isleft to me?

I was arrested for domestic violance against my moms boyfriend, I had a wittness that told the police that I didn't start the fight and was only defending myself. the boyfriend gave my wittness $3000 to move out of state before my first prelim hearing , knowing he could not afford to return for court. the case went to trial and the judge denied my request for PD on grounds that they were not seeking jail time, and i was convicted and givin probation and required to take a Domestic violence class. when i asked the clerk for the papers to file appeal i was told that i couldn't file untill all fines and restitution was paid. I contacted and attournyand found that i could file before fines and such were paid, also that the judge was in error for refusing my request for court appionted attourny, but it took me too long to find out this information and the 10 day filing limit is past what can i do about this gross violation of my rights?


Asked on 7/14/06, 4:29 pm

1 Answer from Attorneys
Christopher Winchell Winchell Law, PLC

Re: what course of action isleft to me?

If they weren't seeking any confinement, then pursuant to applicable U.S. Supreme Court rulings, there was no Sixth Amendment right to a court-appointed attorney. The rule is that you cannot be sentenced to any prison time or suspended prison time unless you were appointed an attorney if you couldn't afford one. As for what is left for you, you can always file a Motion under Rule 32 of the Arizona Criminal Rules of Procedure to the judge to request that a delay in the filing of the Notice of Appeal be granted because the delay was through no fault of your own.

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Answered on 7/14/06, 7:06 pm


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