Court-Appointed Lawyers Are Not Available for Some Types of Suits

Q I have been sued by a former girlfriend. She says I owe her money she loaned me when we were together. I remember the money being given as her share of our living expenses. I want an attorney, but my problem is that I know lawyers are not cheap, and I don’t make much money. I hear that there is such a thing called a court-appointed attorney. How do I go about getting one?

J.B.,

Orange

A Your letter does not mention the type of court in which she is suing you. If she is suing you in Small Claims Court, neither of you is allowed to have an attorney. The parties must present the case themselves. If she is suing you in Municipal or Superior Court, you are not entitled to a court-appointed attorney. Such attorneys are normally reserved for criminal matters only and are not provided for civil litigants.

You should contact the Orange County Bar Assn. for suggestions as to whom you may be able to retain in your price range.

Q I just paid off my bank loan on my car. It is my first car, so I was really eager to have the pink slip in my name. The bank sent me the pink slip, and I took it to the Department of Motor Vehicles. They sent me a new registration with my name on it and a new pink slip--except it’s not pink! What does this mean?

T.R.,

Buena Park

A The pink slip you mention is no longer pink. It’s now made up of several colors. The reason for this change is that it will be more difficult to forge than the old pink slip. Other than the difference in color, there has been no legal change regarding the document.

Q I just received a ticket for having less than an ounce of marijuana. I don’t feel the ticket was fair, and I plan to fight it. One of my friends told me that this ticket is just the same as getting a traffic ticket, and it’s no big deal. He says all I have to do is pay a fine and forget it. Is this true? Can I go to jail for this?

R.E.,

Tustin

A A person in possession of less than an ounce of marijuana cannot be jailed, but can be fined. The maximum fine for this offense is $100 plus a penalty assessment.

Although this offense is not a jailable one, it is still considered a misdemeanor. Courts have generally interpreted this to mean that you would be entitled to a jury trial, and the assistance of a public defender if you cannot afford an attorney of your own. In this sense, it is not like a traffic ticket because it will be considered a misdemeanor conviction if you plead or are found guilty of this offense.