What is the reasoning behind a judge not granting an affidavit of indigence?
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What is the reasoning behind a judge not granting an affidavit of indigence?
My husband was sentenced to 2 years in prison and a mandatory fine of $7500, plus restitution of $1125. He filed an affidavit of indigency 6 months into his sentence and the judge denied it. We did pay for our own lawyer during the case. Although he had not been working before he was sentence, because I worked. Is there a certain reason as to why the judge would not grant this? And can we file an appeal against this decision?
Asked on June 18, 2012 under Criminal Law, Indiana
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 11 years ago | Contributor
An affidavit of indigence for a court appointed attorney is generally reviewed and granted by the Judge at the beginning of a criminal matter, but defenitely before sentencing. If your husband sought a court appointed attorney "after" he had already been sentenced, then the Judge could deny the affidavit.
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