Also known as: indigent defendants · indigent person · poor defendant
Written by attorneys · grounded in primary & secondary sources — see below
A criminal defendant who lacks sufficient financial resources to retain private counsel. The status triggers constitutional entitlements to appointed representation at trial for felonies and to other basic tools necessary for an adequate defense when the state initiates the proceeding.
Ivan Ivanov was charged with felony theft in federal court and told the magistrate he had no money for a lawyer. The court denied appointed counsel and proceeded to trial. Ivanov was convicted. The conviction must be reversed because the Sixth Amendment requires appointed counsel for indigent defendants at felony trials.
Imani Idowu faced civil contempt for nonpayment of child support and risked jail time. The opposing parent appeared without counsel and the court gave clear notice about ability to pay plus an opportunity to present evidence. The state did not appoint counsel. Due process did not require appointment under these circumstances.
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Ilana Isaacs was charged with murder and her sanity was seriously in question. She could not afford a psychiatrist. The court denied funds for an examination. The denial violated due process because an indigent defendant must receive the basic tools to prepare an effective defense when mental condition is at issue.
Igor Ito was convicted after a jury trial and filed a notice of appeal as of right. He had no funds to hire counsel for the appeal. The state refused appointed counsel. The refusal violated equal protection and due process because an indigent defendant is entitled to counsel on the first appeal as of right.
Iris Irons was convicted after appointed counsel failed to investigate key alibi witnesses. She later showed both deficient performance and resulting prejudice. The conviction was set aside because the Sixth Amendment guarantees effective assistance even when counsel is appointed for an indigent defendant.
Isaiah Ishikawa was convicted of a misdemeanor and sought to appeal. He could not afford the trial transcript needed to show error. The state supplied only a partial record. Equal protection required the state to furnish a complete transcript so the indigent defendant's appeal would be as effective as one pursued by a paying defendant.
No. The right applies at trial for felonies and at other critical stages where incarceration is possible. It does not automatically extend to every misdemeanor or to civil contempt proceedings even when jail is a possible outcome.
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The court must inquire into the changed circumstances and appoint counsel if the defendant can no longer afford representation. A prior waiver does not remain effective once the factual basis for it disappears.
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Yes. When an indigent defendant's mental condition is seriously in question, due process requires the state to provide psychiatric examination and assistance necessary to prepare an effective defense.
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An indigent defendant is entitled to appointed counsel on the first appeal as of right. The state must also supply a free transcript when it is necessary for effective appellate review.
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No. Imprisoning an indigent defendant beyond the statutory maximum solely because of inability to pay a fine or costs violates equal protection.
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…and paying him enough to ensure he prepares thoroughly, usually can obtain better representation than that available to an indigent defendant, who must rely on appointed counsel, who, in turn, has limited time and resources to devote to a given case. Is a "reasonably competent attorney" a reasonably competent adequately paid…