I read on a website that a defendant only has a 6th amendment right to an
attorney IF he is facing loss of liberty, but NOT is he is not facing loss of
liberty.
So, if a defendant was held as a pre-trial detainee in a county jail for 22
months, then was released from custody on a PR bond on the grounds that he
served more time in jail than he could have been sentenced to had he been
convicted (which would be 6 months), and is later taken to trial, does the
defendant still have a right to a court-appointed attorney? It appears to me
that the defendant would no longer have the right to an attorney due to the
fact that if he is convicted, he cannot be sent to jail because he has already
served the time.
Guest
11-21-2004, 08:02 AM
On 21 Nov 2004, kscoinhutch@aol.com (Kscoinhutch) wrote:
* * * [I]f a defendant was held as a pre-trial detainee . . . for 22 months, then was released from custody on a PR bond on the grounds that he served more time in jail then he could have been sentenced . . . and is later taken to trial [on the original charge anyway], does the defendant still have a right to a court-appointed attorney?
Yes, if wants to be represented but can't afford to pay for privately
retained counsel.
Richard
11-21-2004, 04:50 PM
Kscoinhutch wrote:
I read on a website that a defendant only has a 6th amendment right to an attorney IF he is facing loss of liberty, but NOT is he is not facing loss of liberty.
So, if a defendant was held as a pre-trial detainee in a county jail for 22 months, then was released from custody on a PR bond on the grounds that he served more time in jail than he could have been sentenced to had he been convicted (which would be 6 months), and is later taken to trial, does the defendant still have a right to a court-appointed attorney? It appears to me that the defendant would no longer have the right to an attorney due to the fact that if he is convicted, he cannot be sent to jail because he has already served the time.
"If you can not afford an attorney, one will be appointed for you".
Where does it say under what conditions?
If you have been held in jail without the right to speak to an attorney,
your rights have been violated.
Then being kept in jail longer than the sentence would have been for, would
constitute denial of other civil rights.
Such as the right to a speedy trial.
22 months in captivity without even being heard by a judge, is a violation
of rights.
Plan on suing the prosecutor for violation of constitutional and civil
rights.
truckinsp
11-22-2004, 04:14 AM
>I read on a website that a defendant only has a 6th amendment right to anattorney IF he is facing loss of liberty, but NOT is he is not facing loss
ofliberty.
So, if a defendant was held as a pre-trial detainee in a county jail for 22months, then was released from custody on a PR bond on the grounds that heserved more time in jail than he could have been sentenced to had he beenconvicted (which would be 6 months), and is later taken to trial, does thedefendant still have a right to a court-appointed attorney? It appears to
methat the defendant would no longer have the right to an attorney due to thefact that if he is convicted, he cannot be sent to jail because he has
alreadyserved the time.
You have a valid legal question that needs a valid legal answer. Post it on
misc.legal.moderated. This is a troll board and most likely you won't get
valid advice here.....as proved by Richard's post.....he's a WELL KNOWN
troll.......and they don't let him post more than once on any moderated
board.....
Richard
11-22-2004, 01:46 PM
truckinsp wrote:
I read on a website that a defendant only has a 6th amendment right to anattorney IF he is facing loss of liberty, but NOT is he is not facingloss ofliberty.
So, if a defendant was held as a pre-trial detainee in a county jail for22 months, then was released from custody on a PR bond on the grounds that he served more time in jail than he could have been sentenced to had he been convicted (which would be 6 months), and is later taken to trial, does the defendant still have a right to a court-appointed attorney? It appears to methat the defendant would no longer have the right to an attorney due tothe fact that if he is convicted, he cannot be sent to jail because he has alreadyserved the time.
You have a valid legal question that needs a valid legal answer. Post it on misc.legal.moderated. This is a troll board and most likely you won't get valid advice here.....as proved by Richard's post.....he's a WELL KNOWN troll.......and they don't let him post more than once on any moderated board.....
I do not claim to be an attorney nor do I give legal advice.
Newsgroups are a discussion forum in which any one may participate freely.
That includes people like you who only claim to be a "truck inspector".
misc.legal.moderated is a joke.
Unless the moderator agrees with your content, you get to see your post go
through, 8 hours later.
That is not the purpose of a moderated group.
There are some very good people in this group who give much better advice on
various topics than I ever could.
As I always try to make clearly understood, legal advice is obtained by
hiring an attorney.
