Indigent defendant refers to an individual who lacks the financial means to afford legal representation and is entitled to receive assistance from a court-appointed attorney and a waiver of court costs when facing criminal charges. This status is also known as “in forma pauperis” and should not be confused with being a pauper, which denotes extreme poverty in general.
An indigent defendant is a person who lacks the financial means to hire a lawyer and, upon being charged with a crime, becomes eligible to receive assistance from a court-appointed attorney and a waiver of court costs. This means that if a defendant cannot afford a lawyer, the government will provide one for them. For instance, consider the case of John, a homeless man accused of stealing food from a grocery store. Due to his financial situation, he cannot afford to hire a lawyer to defend himself in court. As an indigent defendant, John qualifies to receive a court-appointed attorney and a waiver of court costs. This example demonstrates how an indigent defendant is someone who cannot afford legal representation and requires government assistance to ensure a fair trial. By providing a court-appointed attorney and waiving court costs, individuals like John, who are unable to afford legal representation, can still receive the necessary support to navigate the legal system.
An indigent defendant is a person who cannot afford to hire a private attorney and is therefore entitled to legal representation at no cost.
To qualify as an indigent defendant, a person must demonstrate that they cannot afford to hire an attorney and meet certain income and asset requirements.
A public defender is an attorney who is appointed by the court to represent indigent defendants in criminal cases.
No, indigent defendants are assigned a public defender by the court.
Indigent defendants have the right to represent themselves in court, but it is generally not recommended as it can be difficult to navigate the legal system without legal training.
Indigent defendants may be eligible for bail reduction or release on their own recognizance, which means they are released from custody without having to pay bail.
Indigent defendants may be eligible for a waiver of court fees, which means they do not have to pay certain court costs.
Indigent defendants may be eligible for alternative sentencing options, such as community service or probation, in lieu of fines or restitution.
Indigent defendants have the right to effective assistance of counsel, and if they feel their public defender is not providing adequate representation, they may be able to request a new attorney.
If an indigent defendant’s financial situation changes during their case, they may no longer be eligible for a public defender and may need to hire a private attorney or represent themselves.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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