Arrested

What if someone can’t afford a lawyer, but their parents make too much to qualify for a public defender — yet still can’t afford private counsel due to high expenses? What options do they have?

A person charged with a crime has a right to counsel. Where that person is a juvenile, the court may consider the parents' income in determining how much to assess the family for the services of an attorney, but the parents' income is not a waiver of the juvenile's right to counsel. A juvenile cannot contract to hire an attorney for him or herself. However, if the court finds that the juvenile's parents make good money and have assets, just not enough to hire a private attorney, the court may order the juvenile's parents to pay a certain amount to the public defender's office or the Office of Indigent Defense.  SC Code 17-3-30. 

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