Indigency
Case Type
Pretrial phase
Jurisdiction
Indigent defense structure
100

The method of deciding if an individual cannot afford an attorney.

Indigency determination

100

A crime punishable by a year or less in prison.

Misdemeanor

100

Defendant's first court appearance after arrest. Defendant learns more about their constitutional rights as a criminal defendant.

Initial appearance

100

The government that makes and enforces laws for a city, town, or municipality.

Local government

100

The state's authority and structure for overseeing indigent defense systems –– stemming from the state's constitutional obligation to ensure the right to counsel.

Oversight of indigent defense services

200

Money paid to cover money that was lost, spent, or mishandled.

Reimbursement

200

A violation of traffic law, such as speeding or moving violations.

Traffic violation

200

A combination of information gathering and supervising newly arrested defendant to minimize pretrial detention.

Pretrial services

200

A court with jurisdiction over criminal or civil disputes that arise within a state, as well as over persons with residency or minimum contacts with a state.

State court

200

A local government office, often at the county- or state-level, that provides criminal defense representataion to indigent defendants.

Public defender office

300

A payment requested by the court for a defendant to pay back the money the governmetn spent on providing their attorney.

Recoupment

300

A violation of the conditions of parole, often punished with the revocation or extension of parole.

Parole violation

300

Defendant secures pre-trial release by posting non-monetary collateral, paying a portion of bail, or using bail bond company as an agreement with the court to assure defendant's appearance at trial.

Bond

300

The first court to hear appeals from decisions made by a trial court, ranking below the court of last resort.

Intermediary appellate court

300

Guideline principles for lawyers and providers to follow.

Standards

400

Something that would require a person to take action that would be significantly difficult. For example, find a second job to help pay for attorney fees.  

Substantial burden

400

A violation of the laws or ordinances of a local government.

Local offense

400

Formal accusation by the government that there's sufficient evidence a crime was committed and the defendant committed the crime.

Charge

400

The ability of a court to hear all types of cases (federal, state, civil, criminal, etc.)

General jurisdiction

400

A coordinated assigned counsel system where a government administrator creates, maintains, and manages a list of private attorneys to provide indigent defense services.

Managed assigned counsel system

500

Paying money to fix or amend a loss or injury.

Restitution

500

A violation of the conditions of a probation sentence, often punished with a term of incarceration or an extension of probation.

Probation violation

500

A "mini-trial" after the defendant pleads not guilty to determine if there's enough evidence to establish probable cause the defendant committed the crime.

Preliminary hearing

500

The ability of a court to hear only certain types of cases (ex. federal courts can only hear federal and not  state disputes except in specific circumstances)

Limited jurisdiction

500

A method of providing criminal defense representation, where different attorneys handle separate stages of a defendant's case.  

Horizontal representation