The state court must conduct an indigency
hearing and consider alternatives to incarceration.
However, the SJC further held that where it appears that a defendant lacks the financial resources to post the amount of bail set, such that his indigency
likely will result in a long-term pretrial detention, the judge must provide written or orally recorded findings of fact and a statement of reasons for the bail decision.
1) Courts must not incarcerate a person for nonpayment of fines or fees without first conducting an indigency
determination and establishing that the failure to pay was willful; (2) Courts must consider alternatives to incarceration for indigent defendants unable to pay fines and fees;.
RA, their indigency
will bar many of them from any ability to seek judicial redress.
24) A lack of uniformity in determining indigency
could result in similarly situated defendants being treated differently with respect to their Sixth Amendment rights.
140) Implicit in its automatic conversion to incarceration decisions and explicit in its probation revocation decision, the Court has required that a jurisdiction seeking to impose incarceration for the failure to pay an economic sanction must first afford the debtor a full hearing--now colloquially known as a Bearden hearing--to determine whether she has the means to pay but has declined to do so, or whether the failure to pay is due instead to indigency
That the mere submission of an affidavit of indigency
is not sufficient to establish the fact of indigency
as the PAO Operations Manual requires submission of proof of income such as income tax returns, or certificate of indigency
from the Department of Social Welfare and Development or the Barangay Chairman,' Ombudsman Morales said.
85) In almost half the states, criminal defendants are required to pay application fees for appointed counsel regardless of indigency
30) In contrast, the equal protection classification at issue in Zablocki involved economic status rather than race, (31) and the Court had already held that indigency
was not a suspect classification.
The first series provides important topics on public interest law, including civil indigency
affidavits, restoration of civil rights, and hot topics on veterans' benefits law.
Experts do not expect a rise in indigency
to translate into political opposition to Putin, whose high popularity ratings have remained largely undented over the past year.
He refused to say exactly how his office decides which indigency
cases to investigate or contest, but added it is not something done "willy-nilly.