Court Appointed Legal Aid

Um, I have no idea how this legal stuff works, but this place is such a fount of knowledge so I might as well ask . . .

My wife’s aunt (who is 60 years old and not the sharpest knife in the drawer) got taken in on a scam (despite warnings by family members) in which she has become “legally responsible” for a couple of million dollars. The police have come in and confiscated her computer and a bunch of other papers and she has now been arrested. She has no money for an attorney, and she’s being told (apparently) that in order to get the court appointed one she has to turn over her house, car, and dog (yes, she said dog) to the state. Now I’m not sure this is an accurate account of what she was told (she suffers a little from brain damage), but my question is this: when the court appoints you an attorney, do you have to turn over assets to cover the cost? I have no idea about any of this stuff, but from what I hear she’s getting completely railroaded on this (especially since the FBI has already caught the guy doing all the scamming). Anyway, I’d really appreciate any information anyone could provide on what a person has to do in order to get court appointed legal aid.

OW!

My condolensces! What a nightmare!

I do not know how to proceed, but I would recommend that someone call the local district attourney's office. The DA might be able to help, especially if she can give evidence against the larger case.

I would go see a lawyer for a consultation fee, and find out what he says. Maybe you could find someone in your church or community that is, or knows someone who is a lawyer. They are usually willing to give you a quick consultation, and maybe someone would take the case pro bono.

Why has SHE been arrested? On what grounds?

Maybe you could find someone in your church or community that is, or knows someone who is a lawyer.

Unfortunately she lives in Texarkana, where we know almost no one. My wife's Grandmother lives there, but I fear the chances are that she won't be able to find a lawyer unless some cash gets on the table. I suppose the consultation is a good option.

Why has SHE been arrested? On what grounds?

I'm a little fuzzy on the details (and I believe she may be as well), as my wife just called me frantically. My understanding is that she is being arrested for writing a hot check (a really big one), which was part of the scam. Apparently the scammer would deposit funds into her account and she would write a check to someone else’s, keeping 10% for herself. Of course this doesn't make sense, because why would she write a check if there weren’t any money? I really don't understand it all.

Welcome to Nigeria

You might try the ACLU. I can't imagine that requiring her to give up property in order to get a court-appointed lawyer is constitutional.

You might try the ACLU. I can't imagine that requiring her to give up property in order to get a court-appointed lawyer is constitutional.

Excellent suggestion. I hadn't even thought of the ACLU, but that's kind of the thing I think might help. It would at least get someone to look into the facts and make sure it's all on the up and up.

I just looked at their web site, and this is one of the issues they definitely deal with. They refer to it as ``Indigent Defense'', under their ``Criminal Justice'' section.

From a lawyer source:

"In most jurisdictions, court-appointed counsel is usually a means-tested kind of right. What that means is that, while access to legal counsel in criminal matters is guaranteed by the Constitution, free legal counsel is dependent upon a person's income and assets. If a person has either sufficient income or assets, counsel generally will not be provided without cost since it's expected that such individuals can "afford" their own counsel. In practice, this means only those who are indigent or nearly so get free representation."

Good info, thanks for posting. Did you find that on the web or by talking to someone? I'm wondering what kinds of assets are looked at. I'd think that taking a person's home away would be beyond the bounds of resonability. Once again, though, I'm not sure how much of what I'm hearing is true. I suspect she might fit the "indigent or nearly so" category.

I'm not sure what she would fall into. That info was from my father, whoI thought, having at least graduated from law school, might be able to help some.

Good luck to her, though.