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Massachusetts Instructions for Users of Affidavit of Indigency and Its Supplement - In Forma Pauperis
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FAQ
In determining indigency, the judge shall recognize ability to pay as a variable depending on the nature, extent and liquidity of assets, the disposable net income of the defendant, the nature of the offense, the effort and skill required to gather pertinent information and the length and complexity of the proceedings.
An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant's income is equal to or below 200 percent of the then-current federal poverty guidelines prescribed for the size of the household of the applicant by the United States Department of Health and Human
Impoverished, or unable to afford the necessities of life. A defendant who is indigent has a constitutional right to court-appointed representation, according to a 1963 Supreme Court decision, Gideon v. Wainright.
Indigent. 1) n. a person so poor and needy that he/she cannot provide the necessities of life (food, clothing, decent shelter) for himself/herself. 2) n. one without sufficient income to afford a lawyer for defense in a criminal case.
A valid proof of receipt will consist of a copy of the most recent Verification of Benefits Form, Notice of Action Approval Letter, or Award Letter. Indigence Application form within 60 days of the issuance of the parking citation or 10 days from the hearing determination, whichever is later.
You must fill out a form called an Affidavit of Indigency. This form tells the court you cannot afford the fees related to your case. If the clerk or a judge approves the form, you will not have to pay. You can get an Affidavit of Indigency and the Supplement to the Affidavit of Indigency at any court house or online.
Indigent means to be a poor or needy person. Our laws look at how much money a person has, how much debt they have and how many assets they have to determine whether or not they can afford to hire their own representation or if they need a court-appointed attorney to represent them.