Legal Question in Criminal Law in Tennessee
I appeared before the judge on a simple possession charge. He asked me if I had a lawyer. I told him I didn't and couldn't afford one. He told me I could afford a lawyer and wouldn't give me a form of indigincy. I work at Shoney's as a dish washer and make about 12,000 to 13,000 a year. Can I still file a form of indigincy?
1 Answer from Attorneys
Yes, you can file an Affidavit of Indigency and try and have the judge appoint an attorney for you.
Even if you don't totally qualify for a "free" lawyer, perhaps he can order an additional payment by you to help defray at least some of the costs involved. That's called a special assessment.
But ultimately, it is up to the judge to make the call whether or not you can afford an attorney. Some of the more practical questions are:
- How much do you make? (For example, show him a copy of your Tax Return for 2015).
- How many children do you support?
- Have you actually gone to see one or more lawyers, obtained quotes from them, and they refused to take a pay plan? It would help to have a letter or memo from those lawyers.
- Do you have credit (credit cards available, line of credit, home equity) where you can borrow money for an attorney and repay the debt over time?
- Did you make bond? If yes, how much did you pay and where did the money come from?
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