Texas Affidavit of Indigency
Definition and meaning
The Texas Affidavit of Indigency is a legal document that allows individuals facing criminal charges to declare their inability to afford legal representation. This affidavit is used to request the appointment of a court-appointed attorney at no cost to the individual. Completing this form is essential for those who qualify as indigent, ensuring their right to legal counsel is upheld under the law.
How to complete a form
To properly fill out the Texas Affidavit of Indigency, follow these steps:
- Personal Information: Provide your full name, phone number, address, and social security number.
- Financial Information: List your assets, such as cash, property, and vehicles. Include detailed descriptions and values for each asset.
- Employment Details: If employed, provide information about your employer, salary, and hours worked. If unemployed, indicate your last employer and the duration of unemployment.
- Dependents: List any dependents you are responsible for and their respective ages and relation to you.
- Verification: You will need to sign the affidavit, affirming that the information is true to the best of your knowledge.
Ensure that all sections are filled out completely to avoid delays in processing.
Who should use this form
The Texas Affidavit of Indigency is intended for individuals who are facing criminal charges but lack the financial resources to hire an attorney. This includes persons who:
- Are currently incarcerated or facing trial.
- Are experiencing financial hardship due to job loss, disability, or family circumstances.
- Have no access to funds for legal representation.
If you believe you cannot afford legal counsel, this affidavit is crucial for ensuring your right to legal representation is protected.
Key components of the form
The Texas Affidavit of Indigency includes several key components that must be completed accurately:
- Defendant's Personal Information: Basic identifying details of the defendant, such as name, address, and Social Security number.
- Financial Information: A comprehensive listing of assets, debts, income, and other financial resources.
- Dependents: Information about any dependents living in the defendant's household.
- Employment History: Details of current or past employment, including income.
- Verification Statements: Affidavit includes statements to ensure the defendant understands the consequences of providing false information.
Completing these components thoroughly is vital for the court's assessment of indigency status.
Form popularity
FAQ
Has an income level at or below 21 percent of federal poverty guidelines. Has resources less than $2,000.
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.
To waive your court fees, you can either fill out the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond form or submit another sworn document that includes the same information. If you choose to submit a sworn document, it must be signed by a notary public.
I need a lawyer? If you have been charged with a crime and want to request court-appointed counsel, contact the indigent defense coordinator, court coordinator or judge in the county where you have been charged. See the applicable indigent defense plan or you can call your court for instructions on local processes.
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 you can't afford the bond or a cash deposit, you can file an Affidavit of Inability to Pay (also called a Sworn Statement of Inability to Pay, or a fee waiver). The Justice Court should provide you a form Affidavit upon request. If you appeal with a fee waiver, you are not responsible for County Court filing fees.
There is usually no fee for filing a General Affidavit. Call the district clerk's office in the county where the case is on file to confirm.