While an attorney will not be appointed to parolees based on financial needs they are appointed to offenders who suffer from mental illness or mental retardation. If the parolee’s condition is deemed serious enough a lawyer will be appointed. It is our opinion that any time a person’s freedom is at stake they should hire a lawyer.
Counsel should be appointed when the parolee requests a lawyer and denies the claimed violation; or even when the parolee admits the violation, but wants to raise arguments in favor of mitigating the violation, making revocation inappropriate. Whether the parolee is capable of speaking effectively for himself should also be considered.
When a sentence is “determinate” (such as “five years”), or when the crime for which the person was sentenced specifies “without possibility of parole,” there is no parole. In situations when parole is possible, the state’s parole board or sentencing commission makes the decision to parole a prisoner.
First, however, the parolee must be given notice of the claimed violation, a preliminary hearing to determine whether there is probable cause to believe a violation has occurred, and a final hearing before the parole board (sometimes the two hearings are held as one).
The United States Supreme Court has ruled that the following due process rights must be afforded parolees at a revocation hearing, held by a detached and neutral board: The board must disclose the evidence against the parolee.
In criminal cases where the charge is a misdemeanor or felony, if the defendant cannot afford a lawyer, the court will appoint one without cost to the defendant. In civil cases, if a party cannot afford a lawyer, they have to represent themselves. There is no right to a court-appointed lawyer in an infraction case.
To win on a Marsden motion, the defendant must show that her attorney is providing inadequate representation, or that they have an irreconcilable conflict that would result in inadequate representation. This is a legal standard.
A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney, without the presence of the prosecutor.
On average, attorneys appointed by Texas courts are paid $200 for a misdemeanor case and $600 for a non-capital felony, said Wesley Shackelford, the Texas Indigent Defense Commission's interim executive director.
A Romero Motion is a request to have a prior conviction that was designated as a strike to be treated as a non-strike so that any sentence imposed for your current offense is not enhanced.
A Faretta hearing is when the judge rules on the defendant's motion to go pro per. If the motion is granted, the defendant waives the right to counsel and represents himself or herself in a criminal proceeding. If the judge denies the motion, then the defendant must hire an attorney or have the court appoint one.
A PC 995 motion to dismiss is a legal motion seeking the dismissal of a criminal case based on section 995 of the Penal Code. It is filed after a “preliminary hearing” in a felony case.
With respect to the prejudice prong, a defendant must show that "counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." That is, a defendant must show that there was "a reasonable probability that, but for counsel's unprofessional errors, the result of the ...
A Pitchess motion (from Pitchess v Superior Court, 11 C3d 531 (1974)) is a special type of motion for discovery that requests information from a police officer's confidential employment file. The need for this motion usually arises when the defendant alleges police misconduct.
So if you don't like your court-appointed lawyer or disagree with how they are representing you, you have no right to substitute a different court-appointed lawyer. You can ask the court to provide you a different lawyer, but the court is not obligated to do so, and may reject your request.
Highest paying cities for Public Defenders in United StatesTampa, FL. $69,921 per year. 5 salaries reported.Albuquerque, NM. $67,469 per year. 38 salaries reported.Little Rock, AR. $66,139 per year. 5 salaries reported.Roanoke, VA. $63,354 per year. 9 salaries reported.Hudson, NY. $63,186 per year. ... Show more nearby cities.
Anyone who likes police or legal fiction will probably have noticed that the U.K. uses the term solicitor where the U.S. uses the term attorney.