SCOTUS has ruled that you only have the RIGHT to an attorney in criminal cases. Thus, if you are indigent you only get a state funded attorney at a criminal trial. Civil trial, you are on your own. It brings up additional* unsavory questions about .Gov policies like civil asset forfeiture and the ever increasing list of "civil violations" the .gov can cite you for.
*In addition to the legality and abuse potential of the policies themselves.
Cop Shoots UNARMED 17-Year-Old While Eating A Burger
Those Who Can Make You Believe Absurdities, Can Make You Commit Atrocities - Voltaire
Zealot: noun 1. a person who is fanatical and uncompromising in pursuit of their religious, political, or other ideals.
Zealot: noun 1. a person who is fanatical and uncompromising in pursuit of their religious, political, or other ideals.
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wjbarricklow
- Posts: 152
- Joined: Fri Jul 27, 2018 12:05 am
- Location: Stuart
Even in criminal court, they don't just hand out public defenders. A single person would have to make less than $25760/year to qualify. At 40 hours a week, that's less than $12.39 an hour. Considering the average 1 br apartment is $21K/year in Florida, that's a homeless guy. And the homeless guy would have to pay $50 to apply, and pay court costs if convicted.
There is a big difference between winning a civil suit and actually collecting.N4KVE wrote: ↑Sun Nov 06, 2022 11:56 am This brings up something I’ve often wondered about. If someone is arrested on criminal charges, he’s read his Miranda rights where he’s told if he can’t afford a lawyer, he’ll get a public defender for free. But what if someone is sued in Civil Court, & is unemployed, has $10 in the bank, lives with a relative rent free, & has a 20 year old beater to drive, so he can’t afford a lawyer. Does he just show up in court, & tell the judge he doesn’t have the $ to hire a lawyer, & he has no assets to lose should he receive a million $ judgement against him? What happens next? GARY.
On, I know, & the percentage of uncollected judgements is extremely high, especially here in Florida. That’s why OJ moved here after his trial. But my question is asking how would the trial continue when the defendant shows up on the day of the trial with no lawyer. He then tells the judge “no $, & no assets”. What is the judge’s next move? GARY
There are enough legal aid places and attorneys (usually newbies to a firm) that will handle that civil case pro bono.
But you will get what you pay for unfortunately.
When I did my civil case I represented myself as a plaintiff as it was small claims. The dude I sued was supposed to send an attorney to represent him but the attorney got the dates wrong and didn't show up and judgement was awarded to me automatically. I didn't have the money to hire an attorney to go after and take depositions for asset attachment which is where the small claims is sometimes not worth it. But I renewed the judgement when it came up knowing the guy had money and was older than me and I'd be collecting from an estate with the judgement registered in his state of resident.
Sure enough Down the long road I was contacted by an attorney settling the guys estate, which could not be done the way it was setup without settling debts and judgements first.
If the cop has no liability policy, my nephew is a cop and carries a private 2 million liability policy cause he doesn't trust the dept not to throw him under the bus in case of a lawsuit given the political climate, then they can attach and sell off any assets. But it will cost the plaintiffs in attorneys fees to do so.
They can also get a judgement and attach his paychecks for the rest of his life leaving him to live like a pauper. I know one guy that had that happen 35 years ago and he's worked cash under the table jobs for crap money. He will be working till he drops dead.
But you will get what you pay for unfortunately.
When I did my civil case I represented myself as a plaintiff as it was small claims. The dude I sued was supposed to send an attorney to represent him but the attorney got the dates wrong and didn't show up and judgement was awarded to me automatically. I didn't have the money to hire an attorney to go after and take depositions for asset attachment which is where the small claims is sometimes not worth it. But I renewed the judgement when it came up knowing the guy had money and was older than me and I'd be collecting from an estate with the judgement registered in his state of resident.
Sure enough Down the long road I was contacted by an attorney settling the guys estate, which could not be done the way it was setup without settling debts and judgements first.
If the cop has no liability policy, my nephew is a cop and carries a private 2 million liability policy cause he doesn't trust the dept not to throw him under the bus in case of a lawsuit given the political climate, then they can attach and sell off any assets. But it will cost the plaintiffs in attorneys fees to do so.
They can also get a judgement and attach his paychecks for the rest of his life leaving him to live like a pauper. I know one guy that had that happen 35 years ago and he's worked cash under the table jobs for crap money. He will be working till he drops dead.
Thats me chigger,except it hasn't been 35 years and luckily I'm on SSID,and don't let anyone lead ya to believe SSID is all peaches & cream,it ain't.
Three can keep a secret.......if two are Dead !
I got news for anyone thinking of being successful in a suit against a LEO on or off duty. The made up out of whole cloth SCOUTS legislation from the bench Qualified Immunity makes it a near impossibility. It is such a morass that it's hard to conceive. A catch 22 of the highest order that makes them personally untouchable.
Short way to explain it. There has to be a case adjudicated just like it that has been ruled unconstitutional for the court to reference, in the same district. Problem is Quilified Immunity is used to keep a case being heard just like it.
Qualified Immunity needs to be thrown in the trash!
Short way to explain it. There has to be a case adjudicated just like it that has been ruled unconstitutional for the court to reference, in the same district. Problem is Quilified Immunity is used to keep a case being heard just like it.
Qualified Immunity needs to be thrown in the trash!
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revelation
- Posts: 153
- Joined: Fri Jul 20, 2018 11:01 am
- Location: Indian River Co.
How was he eating a burger if he had no arms? 
People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf. - George Orwell