Asked 8/4/2016 – Longview, TX

Husband got a dwi and has never been in any trouble of any sort. Hired an attorney and was placed on pretrial diversion for 6 months. 1 month from completing he gets arrested for something he did not do. The police dept drop the charge after a month BUT pretrial diversion was canceled now he is going to court every week because the judge Keeps telling him to hire an attorney, but each week he can’t afford one. Living on my income as of now and almost about to lose everything even our home. The judge is doing this because she knows his “supposed” income and pay rate ONLY he is an oilfield worker so as of right now even though he is employed he is not working because of the economy (these companies just don’t have any jobs or work for them) they have Offered him 1 yr probation ..Court cost community I Service etc. etc….but he really would like to fight for pretrial diversion in hopes he can still have a possibility of obtaining his Cdl in the future. Does he not have a right to a provided attorney???? Called every lawyer we can think of. No other solutions.

Answer

Your husband has the right to represented by an attorney. If he cannot afford an attorney, one will be appointed to represent him. It is the Court, however, that makes the determination on whether a defendant is entitled to a court appointed attorney or not. If the Judge says you make too much money, you make too much money. With respect to pretrial diversion, that is not something your husband is entitled to. If the DA will not let him back into the program, there is no way to force them into changing that decision. Contact the local Bar Association to see if any criminal defense attorneys are available at reduced on no costs.