Judge refuses to let me deffend myself - Violation of civil rights?

I live in Las Vegas, and I am facing a misdemeanor charge first offense. The State says they are seeking additional jail time (very unlikely), and the judge refuses to hear my case without an attorney. I am being forced to hire a lawyer at a min. of $75.00 per hour. Has there been a civil violation of my right to due process?

BTW: I'm not mentally unstable/challenged as in the Supreme Court ruling in the Edwards case.
I'm just a housewife and mother of two... with a fool for a client.. I know! But this case is so simple it's REALLY stupid!!
Additional Details
I requested a court appointed attorney the first time. I filled out their form and was denied - as our household income does not qualify for a public defender. I'm a stay at home Mom and hubby does not want to shell out for an attorney - as these charges are so silly - and I frankly agree with him. So, we are truly being FORCED to pay for an attorney.

If my civil rights have in fact, been violated, then I will look for an attorney who is versed in both criminal defense AND civil rights.

Bluelady...

Hi Amy,
You are right: You can defend yourself, as I have a many times although they do say: A person that represents them self has a fool for a client. (That may be so but ALL depends on the case and that line is just taken out of context...In my eyes). My case were next to nothing and have won all out of 5 cases. Before your case sit in on other that are relativity the same to yours, then you can get some pointers on your case (What to do and say) or just go for a court appointed attorney at no cost. Some of them lawyers are no good at all as they know you are worth peanuts to them (BY EXPERIENCES ONLY)

Good luck either way Amy...I applaud your guts to take a stand, matters into your own hands. Trust in only your gut feeling.

BTW- I know I'm getting the thumbs down already and don't really care as Amy asked for the advice - Good or Bad it's her call ;-)

MedriJay

Definitely. The court is required to appoint you a lawyer if you choose
not to get one yourself, and you're allowed to represent yourself. You can
take this to a higher court. Don't hire a lawyer yourself.

illadelphiakid

you can choose to represent yourself.

WILD WOMAN

I would think as your Miranda rights says, "You have the right to an attorney. If you can not afford an attorney, one will be appointed for you" Did they read you your rights when you where arrested? If not, on that technicality, they'd have to drop the charges. Hope this helped.

caldude1010101

If the prosecutor is trying to seek jail time, then the judge is doing you a favor, especially since you have 2 kids at home.

If you feel like you have a slam dunk case in your favor that doesn't require an attorney, request to meet the judge in his chambers and discuss your evidence with him.

Otherwise, screw the $75/hr attorney. Hire the one that charges $400/hr because it will be worth every penny.

Crazy Dave

They say that the person that represents them self has a fool for a client. Ask for a court appointed attorney.

sometimeswrong

The judge will not say it but if you are facing jail time he knows your slam dunk case can be stymied by prosecutors who can make a sunday school teacher in to a vampire. Do as he says and get an attorney, a real good one and go beat the case. You are playing on their field and the judge knows that. Good luck and let us know the outcome please.

LogicBeforeLibido

Well you could go the court appointed attorney route. I'm not sure if they charge for their services, as I'm on the opposite side of the country as you. But in my area when a client doesn't have any money, they appoint counsel who will work free of charge. The catch is that they're juggling so many caseloads that they don't have that much time to devote to you. I'm sure if nothing else, you could ask one of them the exact process to get the judge to let you represent your self.

Good luck with it.

There Are No Accidents

The judge is trying to protect YOU...be thankful. By law, they have to offer you a court appointed attorney if you can't afford one. But even if the case is as simple as you think it is...I can guarantee that you aren't as knowledgeable of all the legal loopholes you can get caught up in, as the prosecutor is. The success of a prosecutors career depends on how many people they can get found guilty...regardless of the ridiculousness of the case.

Take the court appointed attorney...you've got nothing to lose...other than your possible freedom if you don't.

mama_sayed

Tell the court if you cannot afford an attorney, and they have to appoint a public defender for you. If the state is trying to get added jail time, you do NOT want to be your own lawyer...get one.

stephy

You should have the right to defend yourself. But what do I know? See if you can get a friend to say they are an attorney and have them go to court with you.

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