If you violate felony probation can the court appoint you a lawyer if your family can’t afford one? 10 Answers as of July 29, 2014

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Yes, you would be entitled to counsel. Anyone charged with a probation violation is presumed innocent and the burden of proof is still on the prosecutor to prove the violation. However, the burden of proof is considerably lower because it's closer to contempt of court (essentially, all probation orders are orders of the court). Further, the rules of evidence are relaxed, meaning hearsay and a lot of things can be admitted and used against a person which otherwise would not apply. The conduct itself is often easier to prove as well. There is no right to a jury trial either. Probation violations are very different from a criminal charge. However, a person charged with a probation or parole violation still has their rights and they have a right to contest the allegations at a hearing. A person charged with a probation violation may request counsel to represent them. I'd recommend you request a court-appointed attorney if you cannot afford to retain a lawyer.
Answer Applies to: Michigan
Replied: 7/29/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes they can. Ask for a lawyer.
Answer Applies to: Michigan
Replied: 7/22/2014
Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
It would depend on the original charge and the terms of your probation. A court appointed attorney is available for any charge in which jail time is a possible outcome. Given that you are on felony probation, I am fairly sure that jail time is a possible consequence and as such you can be appointed an attorney.
Answer Applies to: Michigan
Replied: 7/15/2014
Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
Yes, you are entitled to have a lawyer represent you in a criminal violation of probation. If you cannot afford one, the court should appoint a public defender.
Answer Applies to: Colorado
Replied: 7/14/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
Yes. It is called a public defender.
Answer Applies to: California
Replied: 7/11/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    This depends. If you face more jail time, you might get a court appointed lawyer. But usually you are not entitled to public paid defense for probation violations. The answer depends on the detailed facts of your case.
    Answer Applies to: New York
    Replied: 7/11/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Can yes. Will, maybe not.
    Answer Applies to: Georgia
    Replied: 7/11/2014
    Law Office of Robbi Abrams Cook
    Law Office of Robbi Abrams Cook | Robbi A. Cook
    Yes, the court will appoint you a lawyer for a felony probation violation case.
    Answer Applies to: California
    Replied: 7/11/2014
    Gates' Law, PLLC | Thomas E. Gates
    You can get a public defender based upon your income, not your family.
    Answer Applies to: Washington
    Replied: 7/11/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Yes, you would be entitled to a court-appointed lawyer because if convicted you could go to jail or prison.
    Answer Applies to: Michigan
    Replied: 7/11/2014
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