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Things to Consider if You Can't Afford a Lawyer in Tulsa County

Many people find themselves in trouble because they bond out of jail thinking that they will be able to get a public defender appointed to represent them. After they bond out of jail they are told attheir first arraignment that if they bonded out of jail they are not entitled to a lawyer and they must return to court with a lawwyer or the judge will put them back in jail and appoint the public defender.

I understand the problem this creates for many people. Most people are living paycheck to paycheck and can not afford to sit in jail. For most people sitting in jail for two or three monhs while their criminal case is resolved would mean they lose their job, their cars and their place to live. if the person arrested has a family they are supporting it complicates the situation even more.

From the Court's perspective there is anywhere between 1,500 and 2,000 people in the Tulsa County Jail at anyone time and most of them are sharing less than two (2) dozen public defenders.

People should know that if they bond out of jail the Court is going to expect them to hire their own lawyer. The Court will typically pass the case for 4 weeks at a time to allow the person time to hire an attorney. There is a Local Court Rule on the issue and that rule is listed below. It has been my experience that this local rule is routinely ignored and not followed. Download a Copy of Tulsa County Local Criminal Rules.

RULE CR 10.S Failure to Retain Counsel - Assesment forr Appointment Counsel

When a defendant appears without counsel, the Court shall advise the defendant concerning his/her 6th Amendment right to counsel. The Court shall then determine if the defendant wishes to waive his/her right to counsel. If the defendant does not wish to waive his/her right to counsel, the Court shall determine the defendant's indigency status, under oath, by Pauper's Affidavit and/or oral examination, pursuant to the procedures and applying the standards established by 20 O.S. § 55 and Ct.Crim.App.Rule 1.14. The ability to make bond may be considered as a factor by the Court in determining indigency but shall not be the sole determining factor. All District and Special Judges are authorized to determine the indigency status of all persons who appear before them. (Ct.Crim.App.Rule 1.14) If the defendant is indigent, the Court will appoint counsel. When a defendant does not qualify as an indigent, the Court shall pass the defendant's case(s) for a reasonably sufficient time to allow the defendant to retain counsel. Before excusing the defendant, the Court shall give clear warning that causing further delay by willfully appearing without counsel is impermissible and may be punished as contempt. Bond shall not be revoked or raised because the defendant has failed to retain counsel.

If the defendant returns without counsel, his/her indigency status has not changed, the defendant does not wish to waive his/her right to counsel, and the patties involved are at an impasse, the Court shall inform the defendant of the Court's intention to institute direct contempt proceedings. Before imposing punishment, the Court shall give the defendant notice of the contempt charge, place the defendant in custody, set bond and set a date for a show cause hearing to give the defendant a summary opportunity to adduce evidence and/or argument relevant to guilt and/or punishment. At the discretion of the Court, the defendant may be advised that if an attorney is obtained for the criminal case prior to the hearing, the contempt charge will be dismissed. If the defendant is found in contempt, he/she may be punished with up to a $500 fine and/or up to six months in the county jail. 21 O.S. § 566(A). At the discretion of the Court, the defendant may be advised that the balance of the jail term and/or the imposed fine will be suspended upon retention of counsel.

At the conclusion of every case where the county indigent defender or a conflict indigent defender has been appointed, the Court shall consider whether an assessment should be paid by the defendant for the representation pursuant to 19 O.S. § 138.10.