What the Judge doesn't tell you is that bonding out of jail just creates a presumption that you are not indigent, but it is a rebuttable presumption. The only way to rebut it is by filing the affidavit that can be downloaded here.( Link )
Then, at some later date, if you can't afford to hire your own attorney complete the Affidavit Form that you downloaded and file it, (along with the $40.00 filing fee) and the Judge has to rule upon your request where it is on the court record.
I would filing the following notice with the Court Clerk shortly after making bail:
NOTICE OF RIGHT TO COUNSEL
The Defendant now provides notice
to the court of the
following facts:
1. I have been
admitted to bail and have been released
from pre-trial confinement in this case.
2. I have not subsequently to that
release been advised
by this court that by making bail I
am presumptively
not of a non-indigent status and therefore it is presumed that I
am not eligible
to have the court appoint
to
me an atttorney to
represent
me in this matter, and neither has the
court informed that such presumption is rebuttable pursuant
to 22 O.S. § 1355A.(D.)
3. Furthermore, the
court has not advised
me that I cannot be denied a court-appointed attorney
without the court providing
to me the required Form
mandated by 22 O.S.
2001, Ch.18, App. See:
22 O.S. § 1355A(E.) for the proper Affidavit necessary to
be filed by me before the court may provide
me with such counsel, said form
being more perfectly described
as Form
13.3 of Section XIII of the Rules
of the Oklahoma Court
of Criminal Appeals,
4. The
court has not instructed me that if the court deny
me the appointment of an attorney upon
my
request, that it must first
conduct a hearing so that
it may judicially determine upon the record based upon my Affidavit and whatever testimony I might present, whereupon he
“should issue an order
incorporating the Affidavit and setting forth in detail the reasons for the denial.”
BRUNER
v. STATE
EX REL
DIST.COURT, OKL. CTY.,
1978
OK CR 65,
¶ 10, 581 P.2d 1314
(1978).
5. Defendant understands that
the court may not deny my constitutional right to be admitted to bail
merely because I have not
retained an attorney,
and that I may not be
forced into proceeding
to trial without an attorney
absent a judicial
determination upon the
record that I am able to hire a lawyer, but refuse to so,
unless, of course, I
invoke my right to represent myself,
and even then only
after the court has advised me of the dangers involved
in such representation. Smith v. State, 2007
OK CR 6, 155
P.3d 793.
6. Lastly,
Defendant understands that even
if I am not indigent at this time
after being admitted to bail, that
circumstances may change, and
that I do not necessarily
have to be absolutely destitute to qualify
for court appointed counsel and if I lack the
financial resources which
would allow me to retain
a competent criminal lawyer at the particular time I need one, I
am entitled to appointed
counsel.” TAYLOR v. STATE,
1982 OK CR 66,
¶4, 645
P.2d 525. (Citing Brewer v.
State, 533 P.2d 645
(Okl.Cr. 1975).)
Though Defendant does not now request that the court provide to
me the appointment of legal representation, for the
convenience of the
court Defendant advises this court
that I am knowledgeable as to these rights, so, therefore, it is not necessary for the court to inform me
of these legal protections afforded me under the law.
I will timely
notify the court
if I discover at
any time that I am not financially
able to retain private
counsel of choice to provide
me with legal representation
in this cause.
Please be
advised that if at any future time
I should be remanded
into pre-trial custody solely because I cannot afford to hire an attorney to represent
me, I shall be forced into submitting
a written request to the Oklahoma Indigent Defense
System located at 820 Robert
S. Kerr in Room 611, Oklahoma City, OK
73102 for their assistance in restoring
my pre-trial
liberty.
Respectfully,
