Legal Question in Criminal Law in Missouri

Right to an attorney

If you have been "bonded out" of jail and do not have the money for your own lawyer. Do you have the right to have one appointed for you, or are you sent back to jail until you can afford to hire one?


Asked on 9/06/00, 2:27 pm

1 Answer from Attorneys

John Osgood Osgood Law Office

Re: Right to an attorney

Missour law provides that any indiviudal who cannot afford an attorney will have one appointed for them in a felony case after providing qualifying information in an affidavit. Missouri Judges typically frown on appointing counsel for anyone who appears to have the funds to post a bond. There is no statute that provides automatically that you are disqualified for an appointed attorney simply because you were able to raise bond. And your bond may not be revoked simply because you later exericise your consitutional right to appointed counsel. A defendant in this sitution should remain firm on his demand for counsel but should be very careful in providing absolutely accurate financial background information in any qualification affidavits or statements made in furtherance of obtainin counsel.

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Answered on 10/06/00, 10:47 am


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