Legal Definitions - indigent defendant

An indigent defendant is an individual accused of a crime who lacks the financial means to hire their own legal representation. When a court determines that a person cannot afford an attorney, the state is constitutionally required to provide one, often through a public defender's office. This designation also typically includes the waiver of various court fees and costs associated with their legal proceedings.

• Example 1: A construction worker, recently laid off and with no savings, is arrested and formally charged with felony grand theft. During his initial court appearance, he informs the judge that he cannot afford a lawyer. After reviewing his financial situation, the court declares him an indigent defendant and appoints a public defender to represent him throughout his trial.

  Explanation: This illustrates an individual facing serious criminal charges who, due to a lack of financial resources, is unable to pay for legal counsel. The court's action of appointing a public defender directly reflects the definition of an indigent defendant.

• Example 2: A college student working part-time to cover tuition and living expenses is cited for a serious misdemeanor, such as driving under the influence. She has no assets and her income is barely sufficient for her basic needs. When she appears in court, she requests a court-appointed attorney, explaining her financial hardship. The judge reviews her income and expenses, confirms her inability to afford a private lawyer, and assigns her a state-funded attorney.

  Explanation: Here, a person accused of a less severe crime still qualifies as an indigent defendant because her limited income and lack of assets prevent her from hiring an attorney, leading the court to provide legal representation.

• Example 3: An elderly retiree living solely on a modest Social Security income is accused of a minor assault following a neighborhood dispute. He has no disposable income and paying for a lawyer would mean sacrificing essential living expenses. At his arraignment, he explains his financial situation to the judge. The court conducts a financial assessment, confirms his low income and lack of assets, and designates him an indigent defendant, ensuring he receives legal counsel without personal cost.

  Explanation: This scenario demonstrates that indigency is determined by a person's current financial capacity, regardless of the severity of the charge, ensuring that even those with fixed, low incomes receive necessary legal aid when they cannot afford it themselves.