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Indiana Affidavit of Indigency And Request For Appointment of Counsel

State:
Indiana
Control #:
IN-SKU-1052
Format:
PDF
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Description

Affidavit of Indigency And Request For Appointment of Counsel

The Indiana Affidavit of Indigence and Request for Appointment of Counsel is a legal document used by defendants in Indiana who cannot afford to hire an attorney to represent them in court. This affidavit is used to prove that the defendant is indigent, or unable to pay for an attorney, and to request the appointment of a court-appointed lawyer. There are three types of Indiana Affidavit of Indigence and Request for Appointment of Counsel: the Petition to Determine Indigence, the Waiver of Representation by Attorney, and the Certification of Indigence. The Petition to Determine Indigence is the most commonly used form, and it requires the defendant to state their financial resources and prove that they cannot afford to hire an attorney. The Waiver of Representation by Attorney is used when a defendant is able to hire an attorney but chooses to waive their right to counsel. The Certification of Indigence is used to certify that the petitioner has previously been determined to be indigent by a court. It is important to note that the court will not necessarily approve the appointment of an attorney. The court must review the application and determine if the petitioner is eligible for indigence before deciding whether to appoint an attorney.

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FAQ

Generally, you must ask the court in writing to give you a continuance. This means filing a pleading or some other written statement in court asking for a continuance.

You can search court cases by case, name, or attorney at mycase.IN.gov. To see which courts post case information online, visit the Indiana Judicial Branch website.

To move your case to another court, you must make a ?Motion to Change Venue? in writing, and file one copy with the Court where your case is currently located and another copy with the Department of Homeland Security.

If you are not a juvenile and are facing criminal charges or the potential removal of your children from your home and cannot afford an attorney, you are entitled to a public defender.

In Indiana, the Courts are open to each and every person. Although there is no requirement that a person have a lawyer to go to Court, you are encouraged to see a lawyer to make sure you know your rights and all your legal options and to get the best result possible in your case.

The Circuit Courts are trial courts with general jurisdiction over civil and criminal cases. The Superior Courts also are trial courts with general jurisdiction over civil and criminal cases, and they sometimes include divisions for small claims and minor criminal offenses.

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Indiana Affidavit of Indigency And Request For Appointment of Counsel