Wednesday, February 10, 2010

I was told that a person can not have legal representation in court for a stop sign violation..True or false?

my brother went to court and tried to defend himself with evidence that would have cleared him but when asked if you could obtain an attorney the judge said no--but is it ok fro a prosecutor being there against him --i always thought that's why lawyers make money defens=ding someone...I was told that a person can not have legal representation in court for a stop sign violation..True or false?
My understanding is that anyone can have legal representation if they so choose.





The only way I could see the judge saying no is that he thought your brother meant that he wanted a public defender. But I could be wrong. It has happened once or twice.I was told that a person can not have legal representation in court for a stop sign violation..True or false?
This doesn't pass the smell test.





1) Everyone has the right to be represented by an attorney in any court proceeding, in the US. Not everyone has the right to be represented for free.





2) $2,000 is an incredibly high attorney fee to take a stop sign violation to trial. I can see an attorney charging a couple of hours of time, but charging more than that is ridiculous. I suggest that if your brother wants to fight this further, he call several different traffic attorneys and ask them what they would charge. Either (a) the charges aren't what you've told us or (b) the attorneys didn't want the case or (c) your brother and/or the attorney misunderstood the case.





For a referral, contact your local or state bar association.
He has the right to legal representation in any legal proceeding. But dont forget that the lawyer is an officer of the court and that is where his loyalty lies.
He has a right to a lawyer.
False,every one has the right to an attorney no matter the violation.
Now..if the judge denied a continuence to get an attorney that is valid if the judge feels it was only done to delay the trial...otherwise your brother has a right to obtain one...but if he has exculpatory evidence why does he need to pay an attorney?
Everyone has the right to legal representation in any court. That being said, it is usually a waste of your time and money to hire a lawyer for traffic court. A lawyer is going to charge as much, and probably more, for an hour in court, as just paying the fine would cost. He had the opportunity to hire legal representation BEFORE going to court. No judge is going to give a continuance in a traffic case on the day your brother appears in court, because he should have had his lawyer all lined up before his court date.
You don't necessarily need an attorney for a stop sign violation, however, if you have the opportunity to get an attorney then you have that right.

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