Legal Question in Civil Litigation in Michigan
Miranda say's - at government expense -
The following is a minimal Miranda warning, as outlined in the Miranda v Arizona case.
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
My question is; how can someone be made to pay for a lawyer, once one has been provided at government expense becuase they could NOT afford one in the first place ???/
2 Answers from Attorneys
Re: Miranda say's - at government expense -
Your question is leaving out key facts. A court-appointed lawyer would be required to handle your criminal matters -- the case for which you are arrested. But that lawyer is not an all-purpose lawyer that you can use or assign work outside the case for which you were arrested. Is the court making you pay for your court-appointed lawyer? Is the court saying you would have to hire a lawyer for matters outside the one for which you have been arrested?
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Re: Miranda say's - at government expense -
The idea is not to ease the defendant's finanicial burden. The idea is to ensure that he has effective counsel before the government sticks it to him or her. However, most courts waive the fee in the event that the defendant with the court appointed lawyer is found guilty. William S. Stern
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