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West Virginia Affidavit: Eligibility for Appointed or Public Defender Counsel

State:
West Virginia
Control #:
WV-SKU-0436
Format:
PDF
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Description

Affidavit: Eligibility for Appointed or Public Defender Counsel

West Virginia Affidavit: Eligibility for Appointed or Public Defender Counsel is a form used in the state of West Virginia to determine if an individual is eligible to receive legal representation by an appointed or public defender attorney. This form must be completed and signed by the defendant and their counsel, and is typically filed with the circuit court. The affidavit must include information such as the defendant's name, address, date of birth, criminal charge, and financial information. There are two types of West Virginia Affidavit: Eligibility for Appointed or Public Defender Counsel: the West Virginia Application for Appointed or Public Defender Counsel and the West Virginia Affidavit of Indigence for Appointed or Public Defender Counsel. Both forms are used to determine if an individual meets the criteria to receive court-appointed counsel.

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FAQ

To get a public defender, when you are in court: 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.

The Right to Court Appointed Counsel in Indiana: In Indiana, if a court finds that you cannot afford to hire an attorney, one should be appointed for you in the following case types: Adults or juveniles charged as adults who have been arrested for a criminal offense (a misdemeanor or a felony)

The accused must prepare and sign form DC-334, Request for Appointment of a Lawyer requesting representation by a lawyer as well as form DC-333, Financial Statement - Eligibility Determination for Indigent Defense Services. These forms may be used as well in circuit courts.

Public Defenders are Qualified Attorneys It is also true that they are free of charge for criminal defendants. Instead, they earn their income through the government, who pays them to defend those who are not capable of retaining a private lawyer.

Indiana law requires that you either sign your POA in the presence of a notary public or in the presence of two witnesses. Witnesses cannot be: someone you named as an agent or successor agent in the POA. someone who is granted some other power or benefit in the POA.

A person who has made an affidavit knowing the contents of the affidavit to be false may be prosecuted for false swearing as provided by law.

Generally, the person seeking our representation must be indigent. This means that they are without the resources to hire their own attorney. In juvenile delinquency cases we represent the minor without regard to the indigency of the young person.

The current standard is 120. In juvenile high-level felonies, defined as Levels 1-4, the commission's caseload maximum is 250. The panel put the maximum at 89.1. For TPR cases, the panel chose a maximum of 99.5, while the commission maximum is 150.

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West Virginia Affidavit: Eligibility for Appointed or Public Defender Counsel