Legal Question in Criminal Law in Kentucky

My father was arrested for 2 felony counts of stealing mail and may have more to come, we dont have the money to get an attorney. He said the court wont appoint him an attorney becuase he owns his house and cars. But my mom also lives in the house, and uses one of the cars. Is it true if we dont get him an attorney that he wont get one at all? Or will they make us sell the house and cars right out from under my mom?

We also considered my mom deeding the house over to me(daughter) so she can still live there and it wont get taken away if that is what they can do? I dont want to do anything illeagel though and cant hire an attorney to ask.


Asked on 2/13/11, 10:27 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

If they own property, why don't they take an equity loan on the house to pay the attorney's fee?

Many attorneys offer free consultations. You might have better luck contacting your local bar association and finding out if there are any attorneys who offer reduced-fee services. Also, this is a rather bad economy for attorneys, and you might seek out a young solo practitioner who needs the business with whom you can negotiate a fee. I would actually contact the local DPA office (Department of Public Advocacy) and ask them who their conflict attorneys are. If the attorneys are taking conflict cases from DPA, which do not pay very well at all, then they are both experienced criminal lawyers who can use the business, giving you room to negotiate a rate. The problem you will run into is that stealing mail is a federal charge, so you need an attorney who practices in federal court.

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Answered on 2/17/11, 5:26 pm


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