I want to know how a person who makes more the US poverty level is
suppose to find legal aid?
I was involved in a altercation with three reposition agents and I
have been charged with 4 Misdemeanors Three men came to my door at
three am and demand I turn over the car. I was the person that was
assaulted. But the police charged me The repo agents used their truck
to ram my car. One of the agent climbed in my car and started
assaulting me through the passenger side door.
I am young and have no saving or credit cards. I work full time and
go to college, my wife works part time and goes to school full time.
I have called several attorneys and been told that no civil attorney
will take the case until the criminal charges are finished. They will
not take the case unless I pay a $2000-$3000 retainer. I do not have
money for Christmas, barely enough to pay what bills I have. How can
I get a legal defense?
I am told that the court will not give me an attorney because I make
to much money. I own no land, large asset that I can sell to rasie
the money.
I have even called the local law school to see if they can take the
case and I was told no.
What is a person suppose to do? If I go into court and represent
myself I am going to get killed. I have never been arrested or
convinced of a crime in my life. What can I do. |
Request for Question Clarification by
tutuzdad-ga
on
05 Dec 2005 06:54 PST
Usually a person who earns an income that is beyond the cutoff limit
for legal aid qualification is expected to obtain his or her own
counsel. This prevents people who are essentially living beyond their
means from using free public services. A billionaire, for example,
who, on paper, is in debt beyond his assets is theoretically
unqualified for legal aid even though he or she doesn't have enough
money to pay for a lawyer.
I can tell you the best way to get a free or low cost consultation
that may result in a free or low cost lawyer (or at the very least one
that is suitablly priced according to your specific needs) if you'd
like that as an answer. To do this I would need to know what state you
are in.
tutuzdad-ga
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Clarification of Question by
joshuasg-ga
on
05 Dec 2005 07:16 PST
I live in New Cental New York
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Clarification of Question by
joshuasg-ga
on
05 Dec 2005 09:24 PST
Does this mean that there will be no answer comming?
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Request for Question Clarification by
tutuzdad-ga
on
05 Dec 2005 09:28 PST
No, it doesn't necessarily mean there is no answer forthcoming. I know
of no way to offer you a source for legal aid if you do not qualify
for it. What I "can" offer you is a place where you can get a reliable
referral to a lawyer who might offer a free or low cost iniitial
consultation and who "might" be willing to apply a fee based on what
you are able to afford.
tutuzdad-ga
|
Request for Question Clarification by
cynthia-ga
on
12 Dec 2005 22:00 PST
In what county and state do you reside?
I've been in your position and have some ideas for you, but I need to
know where you live to help.
|
Request for Question Clarification by
cynthia-ga
on
12 Dec 2005 22:01 PST
Never mind, I should have read the clarifications. What is New
Central? Is that the county?
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Clarification of Question by
joshuasg-ga
on
13 Dec 2005 05:20 PST
Sorry that was a typo.
I live in Tompkins County in Central New York.
I have a list of the all the attorney in the County Bar Association
that I have been working from.
I think this question is dead. If you are a person who makes just
enough to live off. You can find a way to scrap $5000 for attorney.
According to the courts. So the if you can not afford a attorney
should be changed to, if you make less than $11,000 a year you can
have an attorney, any more than that. I was told to go it alone if I
can not afford an attorney.
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Request for Question Clarification by
cynthia-ga
on
13 Dec 2005 12:51 PST
That's not the case, there IS help. I have to run to my day job right
now, but start here:
LawHelp.org
http://www.lawhelp.org/ny/
..."Helping low-income New Yorkers solve legal problems..."
I'll look more when I get home tonight. I work till 9pm.
~~Cynthia
|
Clarification of Question by
joshuasg-ga
on
13 Dec 2005 13:34 PST
cynthia-ga
I did look at the site, there is nothing offered for criminal cases
which what my case is right now.
But according to the US Department of Health and Human Services the
2004 Frederal Poverty Guidelines the break down is this:
faimly size Income per year
1 9,310
2 12,490
3 15,670
4 18,850
http://aspe.hhs.gov/poverty/04poverty.shtml
You are only quilified for help if you make no more than 125% of the
federal povertiy guidelines. Which for my wife and me would be a max
alowed amount $15612.50 to get free or discount services.
Personal Rant
If you make minium wage the government will help you, if you are rich
and spend more than I make in year on a toilet the government will
help you. With social programs and tax breaks.
If you are a middle class citizen you have to fight for yourself.
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Request for Question Clarification by
cynthia-ga
on
13 Dec 2005 15:07 PST
I really understand, bear with me. I'll keep offering suggestions
until I have exhausted my ability to find suggestions.
How much over the income cap are you? I would seriously consider
asking my employer to cut back my hours "X" amount in order to
qualify. Then, with a letter from your employer about the reduction in
hours, you can qualify, go to court, then resume your normal hours a
month or so later.
=============================================================
Is this the agency that turned you down?
Tompkins County Assigned Counsel Program
Center Ithaca, Box 149
171 East State St., Suite 227
Ithaca, NY 14850
Phone: (607) 272-7487
Fax: (607) 272-7489 (fax)
E-mail: jphughes@tompkins-co.org
URL: http://ir.tompkins.ny.us/be0raab1.htm
They have other services:
Human Services Coalition of Tompkins County
http://www.hsctc.org/hsc_hsdsearch.cfm?pageID=16&CFID=2423823&CFTOKEN=33077783
Services Database
http://www.hsctc.org/hsc_page.cfm?pageID=8
=============================================================
Have you tried the legal hotline? This is for civil issues, but they
may have an idea.
..."The Legal Hotline, created in 1997, offers legal information,
advice and referrals to low-income New Yorkers who could not afford a
private attorney or have access to legal representation. The Hotline
assists nearly 1,000 callers a month on a range of civil legal issues,
including matrimonial and family law, housing law, domestic violence,
bankruptcy and debt collection and benefits. The Hotline is available
Monday through Friday from 9:00 a.m.-12:30 p.m. at (212)626-7383..."
=============================================================
Single Stop
http://www.robinhood.org/programs/site_list.cfm
=============================================================
Try calling this woman:
http://www.abcny.org/CityBarFund/CityBarPublicServiceNetwork.htm
..."If you are an attorney seeking volunteer opportunities or a
non-profit organization that could use volunteer assistance, please
contact Kwanza Butler, Director of the Network, at (212) 382-4713 or
kbutler@nycbar.org. ..."
Granted, she matches attorneys with ProBono opportunities, --maybe she
knows of a ProBono organization that helps in criminal matters.
=============================================================
WOW, read this at the link:
[an excerpt]
New York?s Criminal Indigent Defense System
http://www.nyclu.org/indigent_defense_tstmny_021105.html
..."Since the fall of 2003, the NYCLU has been examining and
monitoring public defense systems in various New York counties based
on complaints and reports of serious deficiencies in the provision of
legal services to indigent criminal defendants throughout the state.
Through our work, including ongoing investigations of public defense
systems in Albany, Onondaga, and Schenectady counties as well as
communications with defense attorneys and indigent defendants in other
counties, we have learned that the consequences of the state?s failure
to properly fund and administer public defense systems are
far-reaching. Most importantly, our investigations have revealed that
defendants who cannot afford to pay for an attorney are not receiving
quality, and constitutionally adequate representation..."
MORE:
The Tragic Condition of Defense Services in New York State
http://www.nysda.org/Hot_Topics/Public_Defense/05_JEGTestimonyKayeCommission.pdf
Testimony of Emily Chiang
Associate Counsel in the Poverty Program,
Brennan Center for Justice at NYU School of Law
to the New York State Commission on the Future of Indigent
Defense Services
http://www.nysda.org/Hot_Topics/Public_Defense/05_BrennanCtrNYSCommissionTestimony.pdf
=============================================================
This is not good news, but you were already aware of the bleak
outlook. It just makes me more determined to find you some assistance.
I really have to work for awhile, make some calls and I'll get back to
you later tonight. I get home around 9pm PST.
~~Cynthia
|
Clarification of Question by
joshuasg-ga
on
15 Dec 2005 15:20 PST
Cynthia,
>I really understand, bear with me. I'll keep offering suggestions
>until I have exhausted my ability to find suggestions.
Trust me, I have run every search that I could find to find help.
On paper in I am in the Low 40's/year after taxes and insurance we
looking at about 28,000/year, Which is 12,000 more than any state
funding program can allow.
>Is this the agency that turned you down?
>Tompkins County Assigned Counsel Program
Yes, they have and I appealed the denial to the head of the program Mr. Stolpe.
>Human Services Coalition of Tompkins County
This is just a list of services in Tompkins County. Nothing much that I can use.
>Have you tried the legal hotline?
Yes, the sent me to the NY Attorney referral line.
>Single Stop
>http://www.robinhood.org/programs/site_list.cfm
I am not poor according to the federal government, nor do I live in NYC.
>http://www.abcny.org/CityBarFund/CityBarPublicServiceNetwork.htm
New York City program only.
>New York?s Criminal Indigent Defense System
Again, not poor. And it is just a statement saying that the systems
is broken. No action has been taken on this.
The last to articles just say how bad NY state is with the legal aid programs.
>This is not good news, but you were already aware of the bleak
>outlook. It just makes me more determined to find you some assistance.
Yes, I am well aware of the outlook. I have learned that all it takes
to have a person arrested in New York is a sworn statement.
The only assistance I am going to find is one of three things.
1. I hit the lottery and retain the top five criminal defense
attorneys in the country.
2. I happen to find a(n) attorney that wants to do it for fun or take payments.
3. That the faith based programs that our currently President
supports so much decide to help me out. By this I mean a miracle from
a higher power.
I do not think any of this will happen so I get to go play a game with
my life in a court of law with no real legal training.
Here is a great side note:
http://seattlepi.nwsource.com/opinion/112406_gideon16.shtml
Even thought the United State Supreme Court Ruled that all defendants
have a right to counsel in a criminal case in any court, I can not get
an attorney. Neither can 18% of people charged with crimes.
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