Legal Question in Criminal Law in Mississippi

Test for ''can't afford a lawyer.''

I was in court making a valiant (if fruitless) attempt to beat a speeding ticket. The person ahead of me was charged with some type of moderately significant crime (shoplifting, minor drug offense, burlary, something like that).

The judge asked if he had a lawyer. ''No sir. I can't afford one. Aren't you supposed to appoint one for me if I can't?''

''Well, do you have a car?''

''Yes...?''

''Sell your car then, and you can afford a lawyer.'' *BANG!*

So my question is: WTF?!?! What is the test for deciding if a defendant can afford a lawyer or is entitled to a court appointed defender? If you can't afford to sell your car for reasons of supporting your family and your job, you can't really afford a lawyer. How can a judge say such a thing???

Robin


Asked on 7/22/05, 11:54 am

1 Answer from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Test for ''can't afford a lawyer.''

Generally, you are not entitled to court appointed attorneys for many misdemeanor offenses. However, if you are charged with a crime where a court-appointed lawyer is a possibility, one must also demonstrate (with clear evidence) the financial inability to pay for a lawyer.

The situation you witnessed was one involving priorities. You don't get to own everything that you want to own and then claim you are unable to pay for an attorney. Having an automobile is not a right, but a privilege. The judge was aware of this and ruled accordingly.

Most likely, what you saw was frustration on the part of the judge. Every day, criminals and people who get in trouble with the law believe that they are entitled to have everyone else pay for their legal counsel just because they say that they can't afford an attorney. Over time, this type of irresponsible attitude of "the world owes me a favor" can wear on anyone. I suspect that the judge, in the case you witnessed, had reached his/her boiling point and you got to see the result.

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Answered on 7/26/05, 1:00 am


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