Legal Question in Criminal Law in New York
in ny state..are you able to use legal aid if your family bails you out? if your family bails you out are you still elligable for legal aid?
Asked on 6/22/10, 6:31 pm
2 Answers from Attorneys
Yes you can have legal aid. You must file a financial affidavit to support the finding that you are indigent.
Answered on 6/23/10, 4:46 am
Benjamin J. Lieberman
Lieberman Law Firm PLLC
Generally when someone makes bail (especially if it is a substantial amount) it indicates that they are not indigent and therefore won�t be eligible for the public defender. If, as in your case, someone else posted the bail for you the court might very well ask to seek your tax returns for the last couple of years and may even conduct a hearing to determine your eligibility. If you are indeed indigent you will be appointed a public defender.
Answered on 7/15/10, 1:12 pm
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