Legal Question in Legal Ethics in Kansas
Doesn't a person have a right to legal representation?
My sister and her husband had a fight. He beat her up, which he has done in the past. The police were called, they both had to go to court. He has money, so he got off. My sister asked the judge if she could get legal aid and he said no because her husband makes too much money. How can this be fair, she ended up pleading guilty to abusing him (even though the police and the hospital saw her bruises and injured arm and 2 of her children and a friend's child were witnesses to him abusing her). She chose diversion because she felt she had no choice. Of course her husband wasn't going to pay for a lawyer for her. Shouldn't she have been given a court advocate and shouldn't this judge be disciplined? How can an abused woman get justice if they won't give her a lawyer and expect her abuser to pay for one. She's been married to this jerk for 21 years and has 5 children. Please let me know what can be done. Thank you.
1 Answer from Attorneys
Re: Doesn't a person have a right to legal representation?
No doubt, there are legal clinics in your sister's area. She should go to a battered women's shelter and they might provide her with legal counsel. I'm sure that this wouldn't be the first time that the battered spouse is at a financial and legal disadvantage.