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Indigent Status Verification: Knowing how to play the game

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Indigent Status Verification: Knowing how to play the game. Verification can flag unreliable affidavits Screening techniques affect the quality of affidavits. Law Enforcement Makes Arrest. Accused is Booked into County Jail. Accused requests counsel Assistance w/ completing

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Presentation Transcript
slide1
Indigent Status Verification:

Knowing how to play the game

slide2
Verification can flag unreliable affidavits
  • Screening techniques affect the quality of affidavits
slide3
Law Enforcement

Makes Arrest

slide4
Accused is

Booked into

County Jail.

slide5
Accused requests counsel

Assistance w/ completing

Affidavit of Indigence

slide6
Indigence Screening
  • Have a person or group in charge of screening
  • Expect each screening to average about 10 minutes
  • Use a logical flow of information
  • Ask about inconsistencies
slide7
Magistrate warnings given.

Then verification process

begins.

slide8
Automatically

qualifies for

counsel.

YES

NO

Receives public

assistance?

slide9
Check for:
  • Medicaid
  • food stamps
  • SSDI
  • public housing
      • Rely on affidavit.
      • Check for public housing at appraisal district site.
slide11
Verify defendant’s income.
    • If SSN available, go to TWC Website.
    • Compare annualized
  • reported income to last four recent income quarters.
slide12
Still no SSN? Use income

listed on affidavit

If no SSN, try Accurint

and proceed to TWC

slide13
2007 HHS Poverty Guidelines

Persons 48 Contiguous

in Family or States and D.C.

Household

1 $10,210

2 13,690

3 17,170

4 20,650

5 24,130

6 27,610

7 31,090

8 34,570

For each additional

person, add 3,480

Based on income and number

of dependants on affidavit,

determine if it’s above or

below county’s FPG standard.

slide14
Verify assets:

In Collin County, must

be below $2500.

slide15
Property
  • Check address from affidavit
  • Check appraisal records
slide16
Vehicles:
  • Check affidavit for
  • self-reported vehicle
  • Check Accurint
  • Value auto using
  • BlueBook
slide17
If total assets < $2500,

income < 125% FPG

and no public assistance…

Counsel appointed.

screening verification process overview
Screening & Verification Process Overview

Private counsel retained

magistration

Appoint

counsel

No

Yes

Is counsel

requested?

Does person

qualify

for counsel?

Pre-Trial assists w/& verifies financial affidavit

magistration

Private counsel retained

Yes

Yes

No

Pre-Trial Services used before magistration?

Arrest

Does person

qualify for counsel?

Appoint

counsel

Yes

Magistrate assists w/& verifies financial affidavit

Yes

No

Is counsel

requested?

Private counsel retained

magistration

No

No

Private counsel retained

slide19
Tools at Your Fingertips

Lexis Nexis Accurint – verify residence, property, licenses, family members, SS number (www.lexis.com)

Texas Workforce Commission – verify past income - http://www.twc.state.tx.us/

(to set up contract call512-936-0479)

Property Appraisal Databases – addresses in TX can be checked at www.texascad.com

Medicaid Confirmation - 1-800-925-9126

slide20
Points to Remember
  • Your financial affidavits are only as good as your screening process
  • Solid screening processes require tangible amounts of time and money
  • A point person or group must be responsible for taking the time to assist with screening
  • Verification is most feasible if there is a bright line standard of indigence
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