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The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorneys. This is known as ?indigent defense.?
An indigent defendant is an individual who has been arrested for a crime that could be punishable by time in prison but can't afford the fees associated with a defense lawyer. ing to the sixth amendment, all accused criminals have the right to a defense lawyer, even if they cannot afford one.
(a) An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation in an action or proceeding enumerated in this Subchapter.
A person is referred to as indigent when they are impoverished, or unable to afford the basic necessities of life. A defendant who is indigent has a constitutional right to court-appointed representation, ing to a 1963 Supreme Court decision, Gideon v. Wainwright.
When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person.
The purpose of the financial affidavit is to determine the income, assets, liabilities, and expenses of each party, including any expenses for minor children the parties have in common or minor children from prior relationships.
These policies and procedures represent the guidelines of the Judicial Conference of the United States for the administration and operation of the Criminal Justice Act (CJA).