If a family memeber is incarcerated in one state, can she get a public defender from another state?
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If a family memeber is incarcerated in one state, can she get a public defender from another state?
If a family memeber is incarcerated in Wisconsin for intentional first degree murder even though they know she didn’t kill the person but the people she knows did can she get a public defender from Illinois.
Asked on November 1, 2016 under Criminal Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) A lawyer needs to be admitted to the bar (or practice of law) in a state to represent someone there, so if the person is in state A, only a lawyer admitted to practice in state A can represent him--and it is unlikely that a public defender in B would be eligible to practice in state A.
2) Even if the attorney is admitted to practice in a state, there is no realistic chance that state B (which pays for/provides public defenders) will pay for one of its lawyers to represent a defendant in another state (e.g. state A); state B would feel that state A should foot the bill and provide the attorney.
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