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?

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Comments

Spock (rhp) on 10 October, 2008 at 7:47 am #

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.


chatsplas@sbcglobal.net on 10 October, 2008 at 10:22 am #

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.


northridgeville on 12 October, 2008 at 11:09 am #

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.


M-420 on 15 October, 2008 at 4:07 am #

Anyone can have a court appointed attorney if they can’t afford one themselves. That’s part of “due process”.


iamterminatorbarbie on 18 October, 2008 at 10:42 am #

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.


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