Are there in lawyers here??? Or anyone with that kinda knowledge?

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Don't get in the car if you been drinkin'

>>24938404
>Dui
>I wasn't driving

Do Not Compute sorry.

But honestly, more details, i could like to understand stupid laws too

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>>24938404
Law student here.

Hit me.

>>24938404
Get a lawyer. Trust me. You'll end up regretting it if you don't.

No Goldstein there are no lawyers here.

>>24938404
Wtf you got a DUI but you weren't driving. That makes no sense what so ever. How are they meant to prosecute you? You got busted for drugs didn't you?

>>24940002
In some states, like Oklahoma, if you're drunk and you go sit in the front seat of the car to sleep it off, you can be charged with Actual Physical Control of an automobile while under the influence of intoxicants. The keys could be in your pocket, you don't have to be driving.

stop beign a moron it is your right that if you cannot afford a alwyer one will be appointed to you... fucking take charge of your life and excercise your rights they only weaken if you dont exercise them you damgus!

>>24940320
Just to fuck with you, and to educate you, were you aware there are jurisdictions in the United States where defendants absolutely do not have the right to public defense if they cannot afford it, even if it's a major crime like rape or arson?

>>24941743
> you only have rights if you pay for them
Damn, that's a whole new level of freedom.

>>24940173
That's ridiculous.

>>24941855
Yet so true.

>>24941743
>were you aware there are jurisdictions in the United States where defendants absolutely do not have the right to public defense if they cannot afford it, even if it's a major crime like rape or arson?

No I wasn't aware because that's not remotely true. There are problems with the criminal justice system but this is simply not the case. Not anywhere.

t. A Lawyer

>>24942685
It is absolutely true, though.

>>24938732
Pretty much this. Assuming it's a drunk in the drivers seat of an off but driveable vehicle offense, you're just as screwed as you'd be if the car was moving

>>24943247
No. No it isn't. In fact ANY conviction sentencable by 6 months or more in prison, state or federal, can be thrown out IMMEDIATELY if you did not get public counsel.

So basically, stop making shit up, you don't know what you're talking about.

>>24943326
I'm not making anything up at all.

>>24943334
OK, then go read Gideon v. Wainwright and get back to me.

>>24943338
Nigger, for one minute, do you think that I'd be saying something this fucking preposterous if I wasn't absolutely sure about what I'm saying?

For what it's worth, there are enclaves in the United States where the Bill of Rights is not automatically applicable. Think about that for a moment.

>>24943340
Enclaves where federal appeals courts don't immediately overturn counseled convictions? Nope. Wrong. Doesn't exist. Sorry.

>>24943350
uncounseled convictions*

>>24943350
Native American Tribal Courts.

25 USC 1302 provides that, so long as the sentence for any criminal offense is not to be longer than one year, regardless of what the offense is, defense counsel does not have to be provided by the court.

Specifically, 25 USC 1302 (a)(6) says: ..."and at his OWN EXPENSE to have the assistance of counsel for his defense"... (emphasis mine).

25 USC 1302 (c) says: "Rights of defendants - In a criminal proceeding in which an Indian tribe, in exercising powers of self-government, imposes a total term of imprisonment of more than 1 year on a defendant, the Indian tribe shall—
(1) provide to the defendant the right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution;"

tl:dr - Indian courts don't require indigent defense counsel unless the penalty is greater than 1 year. Many tribes specifically limit any criminal penalties to 1 year so that they don't have to bother with indigent defense at all.

>>24943371
Yeah, punishable by more than a year. Like I fucking said.

>>24943380
No, you said six months. And my initial claim was:

"were you aware there are jurisdictions in the United States where defendants absolutely do not have the right to public defense if they cannot afford it, even if it's a major crime like rape or arson?"

Also, "2nd Amendment Rights" don't apply on tribal lands, as well. Guns are absolutely verboten by most tribes.

>>24943384
>Rape
>one year
OK bud.

>>24943384
your claim is false then as major crimes like rape or arson are punishable by 1+ years

>>24943390
>>24943393
Believe it or not, many tribes set the punishment for rape and murder to 1 year, exactly for this reason.

>>24943399
... ya i dont believe that.

>>24943402
The wonderful thing about the truth is that it doesn't matter if you believe it.

>>24943406
Fuck you and your alternative facts

>>24943390
>>24943402
>>24943424

Since you don't believe me, here's the "crimes against the person" statute from the Kickapoo Tribe of Oklahoma

http://kickapootribeofoklahoma.com/forms/criminalcode-chapterB.pdf

ARTICLE 200: MURDER IN THE FIRST DEGREE
(A) Murder in the First Degree: No person shall intentionally,
deliberately, purposely, or wrongfully cause the death of another
human person; or
(B) Cause the death of another person while committing any other
crime.
(C) Punishment: Any person found guilty of murder in the first
degree shall be imposed in jail for a period not to exceed One (1)
jail and\or a fine not to exceed Five Thousand ($5,000.00) Dollars.

>>24943393
>>24943402
>>24943424
Muskogee Creek Nation of Oklahoma title 14, section 1-601.B.2 says:

http://www.creeksupremecourt.com/images/code/webver/title14.pdf

Felonies: fines and imprisonment. Every Indian person who is convicted
of any criminal offense set forth in this Title 14, Chapter 2, which is
denominated a felony shall be punished by a fine of not less than one thousand
dollars ($1,000.00) and not more than five thousand dollars ($5,000.00); or by
imprisonment of not less than thirty (30) days and not more than one (1) year;
or by both such a fine and such term of imprisonment. In addition to any
punishment provided for in this paragraph 2, the Court may also order
community service and/or counseling as authorized by paragraphs 3 and 4 of
this section.

NOT MORE THAN ONE YEAR.

>>24943449
You aren't making the point you think you're making here. Yes, under a year no free lawyer. Duh. I understand that tribal courts exist. Why don't you go kill all the Indians in America and do your one year and get out? Because it's not how that fucking works you moron. If somebody is in for serious shit, regular DAs prosecute.

>>24943467
"Why don't you go kill all the Indians in America and do your one year and get out? Because it's not how that fucking works you moron. If somebody is in for serious shit, regular DAs prosecute."

A District Attorney would never prosecute one of these cases. If the suspect is non-Native, the federal government would be compelled to prosecute the case, as tribal courts lack jurisdiction over non-Natives. And therefore it would be a US Attorney to prosecute it.

I the suspect is Native, the Major Crimes Act would allow the US Attorney's office the right of first refusal in the case, and therefore it would likely be prosecuted by a US Attorney. However, there have been several instances where for one reason or another, the US Attorney has deferred to the tribal court.

>>24938404
>>>/adv/