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Vernon's Texas Rules Annotated - VTRA TX R MONTGOMERY CTY INDIG DEF Determination Indigence Determination Standards

Current as of January 01, 2024 | Updated by Findlaw Staff

A. Definitions

1. “Net household income,” means all income of the defendant and spousal income actually available to the defendant. Such income shall include: take-home wages and salary (gross income earned minus those deductions required by law or as a condition of employment); overtime, severance pay, unemployment benefits, disability or workman's compensation benefits; net self-employment income (gross income minus business expenses, and those deductions required by law or as a condition of operating the business); regular payments from a governmental income maintenance program, alimony, child support, public or private pensions, retirement benefits, or annuities; and income from dividends, interest, rents, royalties, capital gains, periodic receipts from estates or trusts, regular payments from Social Security, veteran's benefits, food, rent or household expenses received in lieu of wages or as a result of any agreement to share household expenses, tax refunds or compensation for injury. Seasonal or temporary income shall be considered on an annualized basis, averaged together with periods in which the defendant has no income or lesser income.

2. “Non-exempt assets and property,” means cash in hand, stocks and bonds, accounts at financial institutions, and equity in real or personal property that can be readily converted to cash, other than assets and property exempt from attachment under state law.

3. “Household.” means all individuals who are actually dependent on the defendant for financial support.

B. A defendant is considered indigent if:

1. Income Standards:

a. The defendant's net household income does not exceed 125% of the Poverty Guidelines as established and revised annually by the United States Department of Health and Human Services and published in the Federal Register; and

b. the value of the non-exempt assets and property owned by the defendant does not exceed $2,500.00;

2. Current Residence: A defendant is considered indigent if the defendant is currently serving a sentence in a correctional institution, is currently residing in a public mental health facility, or is the subject of a proceeding in which admission or commitment to such a mental facility is sought, and has no access to property or assets in excess of the amounts specified above.

3. Inability to Retain Counsel: A defendant who does not meet any of the financial standards above may nevertheless be determined indigent if the defendant is otherwise unable to retain private counsel without substantial hardship to the defendant or the defendant's dependents, taking into account the following:

a. nature of the criminal charge(s),

b. the anticipated complexity of the defense,

c. the estimated cost of obtaining competent private legal representation for the matter charged,

d. the amount needed for the support of the defendant and the defendant's dependents,

e. the defendant's income, source of income, assets and property owned, outstanding obligations, necessary expenses, the number and ages of dependents, and

f. spousal income that is available to the accused.

C. Indigence Statement: Defendants who are determined to be indigent and request a court appointed attorney shall sign the Indigence Form containing a statement, swearing that they are unable to hire their own attorney.

D. Duration of Indigency: An accused determined to be indigent is presumed to remain indigent for the remainder of the case unless a material change in the accused person's financial circumstances occur.

E. Factors NOT to be considered in determining indigence;

1. The accused person's posting of bail or ability to post bail.

2. The resources available to friends or relatives of the accused.

F. Partial Indigency: If the court determines that a defendant has financial resources that enable him to offset in part or in whole the costs of legal services provided, including any expenses and costs, the court shall order the defendant to pay during the pendency of the charges or, if convicted, as court costs the amount that it finds the defendant is able to pay.

G. No Request for Attorney: If a defendant does not request an appointed attorney, the defendant will both sign and date the Probable Cause, Rights, Bail And Attorney Request Form, attached hereto as Exhibit “C”.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R MONTGOMERY CTY INDIG DEF Determination Indigence Determination Standards - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-montgomery-cty-indig-def-determination/

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