AboutWilliam A Saunders Expertise I can answer general questions about the legal system, how the courts work, corrections and law enforcement in general. I cannot provide legal advice.
Experience The criminal justice system, juvenile justice, law enforcement, and community corrections/correctional education
Expert: William A Saunders Date: 7/2/2008 Subject: Legal Rep and the Death Penalty
Question I would like to know what happens after the court asks for the death penalty in Las Vegas, NV. Does the person get free legal representation and does the person get to pick his own legal rep? And how would the person go about doing that? Would the person's family be able to help or choose the best representation?
Again, this question pertains to the Las Vegas, NV courts.
Thanks in advance for any info you can provide.
Answer Hello,
Whether or not someone will get free legal representation depends on their personal situation. The typical person on death row is usually indigent and has little or no savings and does not have the means to pay for a lawyer. But some people on death row could be from an affluent family with the means to pay for their own lawyer.
When you are facing charges, they will do an assessment based on your job, finances, bank accounts, etc, to determine your eligibility for a free lawyer. Some people get one completely free. Other people are found ineligible because their income and finances are sufficient enough for them to hire their own lawyer. Many people have to pay for a portion of it.
he more money you have, the more you will pay. Many people are deemed to be ineligible for a free lawyer because of their finances and savings. That is one of the basis for the Miranda warnings given to people when arrested. Part of Miranda advises defendants the right to an lawyer and that if they cannot afford one, one will be provided free of charge.
If the court does provide a lawyer, the defendant does not get to pick and choose. It’s sort of like a lottery. Whatever lawyer whose name comes up is the one who will get the case. The only way the defendant would get to choose would be if there were some sound justification for replacing the lawyer that was appointed to represent him. In most instances, the defendant would get who ever was chosen to be the lawyer.
If the defendant or his family wanted full decisions on who would be the lawyer, then the only way for that to happen would be if he hired his own lawyer. If the government provided the legal representation, then he would not get to choose who the lawyer would be.
This is something that is standard in all of the 50 states. The right to be represented by a lawyer is supported by Federal mandate and applies to all defendants in all criminal matters around the United States.
