IF you are facing criminal charges you may be able to obtain a public defender. That said, you have to qualify--if you already had the means to hire an attorney you likely will have some challenges in that arena. Worth checking into. If you are involved in a civil suit, you're stuck.
A public defender is for criminal matters...is this what you have here? I assumed not on first read thinking it may be a civil case (divorce type) but you do not say? With that being said, you may want to see if the County Bar Association (if one) where you reside can refer you to one of their members who is willing to handle your case pro bono (meaning free).
Some women already struggling with mental and physical trauma then must endure the financial cost and bureaucratic weight of the Family Court process. When the money runs out for women fighting for their children in the Family Court, a growing number represent themselves. An arduous process for often traumatised women quickly becomes ...
However, she never appealed that judgement â the decision against a protection order â because she was warned by her lawyer she would not succeed. Similarly, the lack of understanding of violence can result in the withdrawal of legal aid upon appeal.
Her ex-husband wanted a parenting order enforced â the children had recently refused to go to his home despite a shared care arrangement. He believed Annaâs negative views were influencing the children against him, and a court order would ensure their co-operation.
While financial drivers are the main reason litigants chose self-representation, some also cite bad experiences with lawyers and a belief they can do a better job alone, Toy-Cronin says. âPeople think they will go to court, tell their story, and the judge will see that and make a decision,â she says.
If a woman has a negative judgment in the first instance, it is unlikely to fund a second. In a submission to the judicial subcommittee on improving access to civil justice last year, the Auckland Coalition for the Safety of Women and Children said this was both unsafe and unfair on victims.
Self-represented litigants are an increasing part of New Zealandâs family law system, a civil arena that hears relationship, custody and property disputes. The Ministry of Justice reports that each year, upwards of 6000 people choose to argue their own cases in the Family Court.
Where Anna was emotional and at times confused by proceedings, his lawyer was calm and in control . âIt wasnât an equal footing,â says Anna. âHe had access to all these people â multiple lawyers, accountants that he could pay for.
The Court of Appeal ordered a new family trial, mainly because the judge accepted and relied on evidence from a problematic expert that J.P., the mother, had submitted. The higher court found that expert â Dr. Claire Reeves â didnât have proper credentials and that she never interviewed either B.G. or the children.
The B.C. Court of Appealâs stunning reversal of a lower court decision that found the Ministry of Children and Families (MCFD) allowed a Vancouver father to sexually abuse his kids is highlighting some major gaps in the justice system.
Civil trial. After a marathon 146-day trial, Justice Walker issues a scathing ruling finding that the MCFD had recklessly disregarded its obligation to protect the children by failing to investigate claims of abuse, and later granting B.G. unsupervised access to the children.
Funding to legal aid was cut by 40 per cent when the BC Liberals came into power in 2001. The lionâs share of legal aid is directed to serious criminal cases, with family law cases â even complex ones â often being left out.
first entered the courts (whose names cannot be revealed because of a publication ban). But he didnât have an advocate for long.
Justice Walker orders that B.G. be given supervised access to the children. Court transcripts indicate the access was to be granted on a short-term basis, but that detail is not entered into the court order.
Story continues below advertisement. The B.C. Court of Appeal found that a Supreme Court judgeâs decision was influenced by a fraudulent expert witness, despite the fact that she lacked credentials and never actually interviewed the father or the children.
For those with serious mental health problems, a lawyer is a vital backstop. In one case in Sheffield magistratesâ court, a defendant with symptoms of psychosis, who is being supported by mental health services, is accused of breaching a restraining order by going to a fish and chip shop.
Responding to the survey for BuzzFeed News, one magistrate said that typically the courtâs legal advisers were too pushed to work with unrepresented defendants because the courts were âinefficient and unprofessionalâ. They said: âLegal advisers don't have the time to give the help these defendants need.
Steven Shipman is minutes away from his first ever court appearance. The 32-year-old has never been in trouble before but four months ago he was caught driving with cannabis in his car. Now he finds himself in Sheffield magistratesâ court facing charges of possession and driving under the influence of drugs. The situation is already enough ...
Clamming up is another issue. âA lot of people will say âI donât want to say anything.â Itâs difficult because youâre making a sudden judgment. Someone you see whoâs in tears and struggling, you try and tease information out of them.â
A duty solicitor service operates in magistratesâ court, where those in the most serious cases get a free advocate on the day.
However, there are several reasons why it appears to be diminishing. Means testing for magistratesâ court cases was reintroduced in 2006, and for crown court cases in 2010. The cutoff for qualifying for free legal advice in magistratesâ court has not kept pace with inflation, remaining unchanged since 2008.
According to magistrates, the absence of a lawyer often has a stark impact on the outcome, despite the best efforts of the court. One commented in response to the survey for BuzzFeed News: âAlmost all today's defendants would not have elected trial if they had had the benefit of legal advice.