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Virginia Financial Statements for Eligibility Determination of Indigent Defense
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FAQ
" The purpose of granting indigency status is to ensure that those with arguable cases, but inadequate finances, have access to justice.
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.
1 : suffering from extreme poverty : impoverished. 2a archaic : deficient. b archaic : totally lacking in something specified.
A big difference between a public defender vs private attorney is the fact that if a lawyer does a poor job their business will suffer. A public defender gets more cases than they can handle no matter the outcomes.Another benefit of a private lawyer is access to more defense possibilities.
Remember, an assigned counsel is a private attorney who takes court-appointed cases and gets paid by the hour, whereas the public defender is an attorney who works only for the government - although they are bound by ethics to defend their client to the best of their ability - and gets paid a salary, no matter the
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
To initially qualify to serve as counsel appointed pursuant to § 19.2-159 for an indigent defendant charged with a felony, the attorney shall (i) have completed the six hours of MCLE-approved continuing legal education developed by the Commission, and (ii) certify that he has participated as either lead counsel or co-
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.
Tell the judge you cannot afford to hire an attorney and ask for a public defender; and. Provide the court with details about your financial situation to show that you cannot afford a private defense attorney.
