Legal Definitions - indigent

An indigent person is someone who lacks the financial means to afford the basic necessities of life, such as food, housing, clothing, and essential medical care. In legal terms, this status is crucial because it can trigger specific rights and protections designed to ensure that a person's poverty does not prevent them from accessing justice or receiving fair treatment under the law.

Here are some examples illustrating the application of the term "indigent":

• Example 1: Criminal Defense

  Imagine a situation where a young woman is arrested and charged with a serious crime. She has recently lost her job, has no savings, and cannot afford to hire a private attorney. Upon appearing in court, she informs the judge of her financial situation.

  How it illustrates the term: Because she is deemed indigent, the court is constitutionally obligated to appoint a public defender or other legal counsel to represent her. This ensures that her inability to pay for a lawyer does not prevent her from having a fair trial and proper legal defense, upholding her right to legal representation.

• Example 2: Civil Litigation Fee Waivers

  Consider a single parent who needs to file a lawsuit to establish child support from an absent parent. This individual works part-time, earns minimum wage, and struggles to cover monthly expenses for their children, leaving no money for court filing fees, which can be substantial.

  How it illustrates the term: If this parent can demonstrate their indigent status to the court, they can apply for a fee waiver. This means they would be exempted from paying the standard court filing fees and other associated costs, allowing them to pursue their legal claim without financial hardship blocking access to the judicial system.

• Example 3: Access to Legal Aid Services

  A senior citizen living on a fixed, very low income discovers their landlord is illegally raising their rent and threatening eviction. They need legal advice and representation to understand their tenant rights and challenge the eviction, but cannot afford a private attorney.

  How it illustrates the term: Due to their indigent status, this senior citizen would likely qualify for free legal services from a non-profit legal aid organization. These organizations often have strict income guidelines, and being indigent ensures they meet the criteria to receive pro bono (free) legal assistance to protect their housing.