Dec
10
PENNY M asked:
Minor has court date set and is appointed court appointed attorney. Prior to court date minor gets married to an adult. Is minor still entitled to court appointed attorney or does she now fall under different rules due to her husband being an adult?
Micheal
Minor has court date set and is appointed court appointed attorney. Prior to court date minor gets married to an adult. Is minor still entitled to court appointed attorney or does she now fall under different rules due to her husband being an adult?
Micheal
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in a criminal case, the deciding issue is the ability to pay for own attorney, not whether married or single, adult or minor.
however, the now married person’s spouse is part of whether she can afford private counsel and thus is still eligible for free (government paid) defender.
Unclear from your question. Not enough info.
Right to court-appointed attorney is generally based on inability to afford one. Being married, your spouse’s finances are also considered. Being a minor generally has nothing to do with right to court appointed attorney.
If the court appointed atty was due to the lack of financial resources (lack of money) then the income of the spouse now must be considered. If still financially burdened then should be able to use court appointed.
If the minor is ward of state, then they cannot get married w/o courts approval.
Anyone can have a court appointed attorney if they can’t afford one themselves. That’s part of “due process”.
Normally Court Appointed Attorney has more to do with ones inability to afford legal counsel. If the new husband is well off or even has a middle class income they would no longer qualify for free legal counsel.
Keep in mind the old saying… A person representing themselves in court has a fool for an attorney!
Maybe not what you wanted to hear.