get out of jail free?
Well- take notes. If you have need of this information, chances are you will not have access to a computer. If you are incarcerated and find yourself short of funds and in need of free legal help- chances are you are looking for a pro bono criminal defense attorney. They don't allow laptops in the big house, so remember these tips.
Instructions
1. If you are arrested and subsequently incarcerated, chances are the matter pending is a criminal matter. That is- someone thinks you have committed a crime. (In a civil matter- someone might be suing you or you would be suing someone else) In a criminal matter, the government- local, state, or federal- is charging you with a crime. It may be drunk driving, burglary, assault, tax evasion etc. When the government says you have committed a crime- particularly if you are in jail, you are in hot water and should consider an attorney. So ask yourself- Am I in jail? Do I need an attorney?
2. The bright side? Yes there is a bright side. The sixth amendment to the constitution indicates that every person charged with a crime is entitled to have counsel (an attorney) at his or her defense. Thus, states do provide free defense attorneys (pro bono legal representation) in criminal matters to those defendants who cannot afford them.
As you can imagine- like many free services, attorneys providing pro-bono legal representation are busy, overworked with a high number of clients who may not all be 'friendly.' That being said, if you can afford an attorney- you should probably retain one. If you think you might need one and are not yet incarcerated- get referrals from friends and colleagues now and commit their phone numbers to memory or leave in an obvious place so that when you get your one phone call from jail, your friend or loved one is able to find the number to call your attorney.
3. If you cannot afford an attorney and are charged with a crime and arrested, you will be arraigned in a few days. That is, a hearing will be made for bail. Between the time you are arrested and your bail hearing, simply tell every one you talk to that you would like a public defender or pro bono attorney appointed to you. Let them know you cannot afford one and will need one appointed to you. Say this loud, say it clear and repeat it until one appears on the other side of the glass. It is your constitutional right.
4. How does the process work- how does a body appear on the other side of the glass when you have No Money? It varies by state, district and type of case. Essentially, one of a few ways:
1)Assigned Counsel- where the state or local government pays attorneys who volunteer from private firms on a rotating or case by case basis. Fees depend on type of case and hours required.
2) Contract Counsel- where the state or local government contracts with a private agency to provide services for a specified amount of time. 3)Public Defender Systems- public defense attorneys are employed full-time through a nonprofit organization that manages criminal defense cases for the poor in a certain area.
4) There is also a Mixed system where a mixed public defense system is used with another system- needed during special circumstances.
5. Now, it is possible to obtain a pro bono attorney through other avenues if you are resourceful. It is best now to identify a trusted friend.
6. Once the friend has been identified, then have them start researching potential attorneys. Explain the situation to friends or friends of friends what is needed to see what contacts you actually have. Most law firms do take some pro bono cases. If you can match your case with a law firm's skills or if a friend of a friend is an attorney who owes your friend a favor then you may be in business. This is tedious work, and your new advocate will need to be very committed and a gifted salesperson. He or she will need to cold call attorneys and warm them up to your case and then explain your lack of funds. You may also do this from prison say from death row via letter. The sympathy vote may find you an earnest worker bee of an attorney. Slightly kidding, but you get my meaning. Now is not the time to come off as aloof or distant. Sell yourself.
7. That did not work, and you are not sure your public defender knows your name? There are still options. Have your friend or loved one contact the Legal Aid society in your area, call 211 for the national social services directory currently available in 70% of the nation, or contact local law schools. Law schools often have access to free/low cost law clinics and may have valuable resources for you.
Tags: cannot afford, will need, with crime, your friend, bono attorney
