Will I be eligible for a public defender? 2 Answers as of March 09, 2011I received a summons for hitting someone with a glass but was not charged I was questioned by police. This happened in November of 2009. I wanted to see if I could use a public defender for this. I cannot afford an attorney. I also wanted to know how they could come after me for this when I did not do it. I was not arrested or charged and the guy who said I did it did not go to the hospital after it happened. He went to another bar and now almost 2 years later is saying I did this just because I was questioned by police that is what I am assuming.
Timothy J. Thill P.C. | Timothy J. Thill
What you are telling me is that you were merely questioned, and not formally charged with this battery. Although there were no criminal charges brought against you, apparently you are being sued by the person, and not prosecuted by the government in a criminal matter. This guy is looking for money damages, and is civil in nature. Accordingly, you are not eligible for the public defender. Perhaps this guy should sue the bar where you were in a "Dram Shop" cause of action, but sorry to say that you will have to either defend yourself or get a legal aide attorney to handle this case.
Answer Applies to: Illinois