Legal Question in Criminal Law in Georgia
My brother was arrested and charged with rape and aggravated sodomy. His accuser was a 16 yr old girl who took him home from a club. Later the girl dropped the charges but the state (GEORGIA) had taken over the case to charge him with Statutory Rape. In the meantime, he hired a very expensive defense attorney and this attorney wanted to be paid in full before the case went to court for arraignment. My brother paid over half up front, and was making payments as much as he could when he could and the lawyer said that was okay, but kept getting the court date postponed. Finally he got a letter stating that court would be on the 14th of this month. Today, he got a letter from his attorney's office saying he had dropped the case with no explanation as to why. I am assuming the attorney did this due to non-payment of the balance. My question is, if my brother goes to court with no lawyer, will he be offered a court-appointed lawyer or can he ask for one? And if not, will the state just prosecute him anyway for the Statutory Rape charge?
3 Answers from Attorneys
Your brother obviously needs to request a lawyer (or hire one).
How does the 16 year old girl take your brother home, and then your brother get charged with rape? Is your brother 15 years old? Your brother's attorney dumped him because he money was not correct. I suspect that the judge will appoint an attorney to represent your brother. Then he will have a jury trial.
Your brother needs a lawyer - either by paying one what one charges or appointed counsel.
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