Legal Question in Criminal Law in California
My Civ/VA spouse was accused under CA criminal law penal code 503. I am Active Duty Air Force and was wondering if they could use a military lawyer since we can't afford a civilan one?
5 Answers from Attorneys
No. If you can't afford to hire a lawyer, your spouse should rely on the public defender. The military does not provide criminal defense lawyers to personnel accused of civilian crimes. There might be an exception where the allegedly criminal act was done under orders, but you have not said that is what happened.
I guess I misread your question. The answer is still no. The military does not provide criminal defense lawyers for the spouses of personnel either.
I'm sure you'll be able to find a lawyer you can afford if you'll just keep trying.
If your spouse cannot afford an attorney, she needs to ask the court to appoint a public defender. Contrary to what you may have heard, the public defender is usually very experienced and knows what they are doing.
Sure. IF the military lawyer is licensed to practice in CA, and IF he is willing to do such 'private practice' work outside his normal duties, and IF he obtains permission of the military to do so or he risks punishment for doing so without permission. Unlikely.
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