Do you have to be in jail to get a court appointed attorney? If I post bail, can the court keep my money?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do you have to be in jail to get a court appointed attorney? If I post bail, can the court keep my money?

When my son was 17, he stood lookout while 2 of his friends burglarized a school. He ended up with 2 felonies. One for burglary 2nd degree & another for theft/stealing over $500. He was put on probation for 5 yrs on both charges.He stopped seeing his probation officer so got in trouble for violating parole. He ended up missing his last court date because we can’t afford an attorney so we didn’t know about the court hearing. The judge put out a warrant for his arrest and a cash bond only of $600. I may be able to scrape together the money but am worried the court will keep my money.

Asked on June 16, 2009 under Criminal Law, Missouri

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

In most states you don't have to be in jail to get a court appointed lawyer.  You have to prove that you can't afford a lawyer (and exactly what that means varies from one state to the next), and in most states you have to be facing criminal charges that could get you sent to jail for six months.

It's not unusual for fines and court costs to be taken out of a person's bail, when the charges are resolved in court.  So there's a very good chance that you won't see all of the money if you post it; the alternative is, your son will have to go to jail.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption