TDCAA Community
Reconsideration of Determination of Indigency

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http://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/4331058822

October 13, 2011, 11:59
HeatherH
Reconsideration of Determination of Indigency
Has anyone made one of these motions? I have a case where the guy should be worth over a million based on bank financial statement for loan, but he got a court-appointed attorney. I am making one, but an example would be nice.
October 15, 2011, 23:37
<Daniel S>
Many people feel public defenders are inferior to fully paid defense attorneys and unless your counties public defenders are particularly aggressive and competent, don't you take the chance
your defendant might trade up so to speak?

In addition if he likes his appointed counsel, or truly cannot or pretends to be unable to hire private counsel, wouldn't you take a chance of this being and issue on appeal?

If you have a strong case, wouldn't it be better to let him keep the public defender? In my county (Wilco) the Judges tell defendants they will have to repay the county if and when they lose!

Perhaps your county could look into the possibility of doing the same.
October 16, 2011, 09:32
Gretchen
Maybe she's just concerned about taxpayer money being used to provide a free attorney to someone who either: (1) committed perjury to get a court-appointed lawyer, or (2) engaged in fraud to obtain a benefit (loan).

Most prosecutors aren't intimidated by good defense attorneys, regardless of whether they are public defenders or privately retained.
October 16, 2011, 14:30
JB
If you have specific knowledge of an asset owned by the defendant that could be used to pay for representation, that is probably the easiest time to raise such a motion. We have done so when, for example, we learn that defendant owns a new car without any liens or a home with substantial equity. Frankly, as an officer of the court, you probably are required to bring such information to the court's attention.

We don't make the motion out of concern over who is representing the defendant or to gain an advantage. We do it out of respect for the law and a concern for the proper use of public tax money.
October 16, 2011, 15:37
<Daniel S>
I may easily get kicked off for this ...

[remaining post deleted by admin.]

[This message was edited by Shannon Edmonds on 10-17-11 at .]
October 17, 2011, 08:24
pkdyer
Do you think prosecutor's make alot of money? Apparently public defenders make alot more because if you break down my hourly wage on a 40 hour week I only make a little over 27.00/hour. I think it is absurd that you beleive people work hard based on their salary. Just like prosecutors do it because they love their jobs, public defenders do it for the same reason. If prosecutors or public defenders wanted to make big bucks they would be a personal injury attorney.
October 20, 2011, 13:09
HeatherH
Our "public defenders" in our smaller, rural area are the same as hired attorneys, only they get paid more if they are hired. I have never seen anyone do a worse or better job based on whether they were court appointed or hired. Sometimes we have out of town attorneys, not on our court appointed list, but if they are more aggressive, that will just give me the chance to improve my skills.

Just to clarify, we aren't talking about someone who bought a car. We believe, and can prove he owns significant land in another state which he said in a bank financial statement was worth close to a million.

I created my own motion, so if anyone needs an example that may or may not be good, just let me know.

[This message was edited by HeatherH on 10-20-11 at .]