Use of General Power of Attorney
My husband is in the military and is stationed in another state, therefore I have a general power of attorney. Does this document allow me to appear on his behalf in court to enter a plea regarding a traffic ticket? The ticket is a M1 and is not his first offense, so he must appear, however we do not know when he will be able to come back to Ohio and we can’t afford an attorney to represent him and file the proper paper work.
Re: Use of General Power of Attorney
Technically, it probably does not. However, have your husband mail or fax you a copy of his “Orders” showing that he is both on active duty and where he is assigned and then take them and the Power of Atty to the Court when he is supposed to appear.
Also, have your husband go to his JAG Legal Assistance Office ASAP to get information on what his Branch of the military [Army, Navy, AF, USMC, CG] policy is on getting leave to handle something like this.
Enter a “Not Guilty” plea until your husband can at least talk to a military JAG about all of this. Call the Clerk of Court tomorrow first thing and ask if he is entitled to a Public Defender for that offense and make sure you tell the Clerk that your husband is in the military and stationed elsewhere.
If you are not entitled to a Public Defender, call your County Bar Association and ask them if they have a program for representing people of “modest means” in traffic cases that do not qualify for a public defender, but who cannot afford to pay an attorney. Some counties do that, but you don’t say whereyou are at.
Good luck and I hope this helps.
Don Rehkopf
Donald G. Rehkopf, Jr.
Brenna, Brenna & Boyce, PLLC
31 East Main Street, Suite 2000
Rochester, NY 14614-0000