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Texas Affidavit and Request for Appointed Counsel or Waiver of Counsel

Category:
State:
Texas
Control #:
TX-S011ST
Format:
Word; 
Rich Text
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Description

This affidavit is used to request a court appointed attorney, it states you have no financial means to employ counsel, or you can waive your right to appointed counsel.

The Texas Affidavit and Request for Appointed Counsel or Waiver of Counsel is a document used by indigent individuals who are facing criminal charges in Texas and are unable to afford the services of a private attorney. It is a legal form that must be filled out by the defendant in order to be eligible for the services of a court-appointed attorney. The affidavit must be signed by the defendant and notarized, and it should include information such as the defendant’s income, assets, and other financial resources. The Texas Affidavit and Request for Appointed Counsel or Waiver of Counsel comes in two types: the Request for Appointed Counsel and the Waiver of Counsel. The Request for Appointed Counsel allows the defendant to apply for an attorney to represent them in their criminal case, while the Waiver of Counsel allows the defendant to waive their right to an attorney and proceed without legal representation.

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FAQ

The United States Constitution and the Texas Constitution and statutes guarantee the right to counsel for anyone accused of a crime that could result in incarceration who cannot afford to hire an attorney.

Has an income level at or below 21 percent of federal poverty guidelines. Has resources less than $2,000.

You must fill out a form called an Affidavit of Indigency. This form tells the court you cannot afford the fees related to your case.

To waive your court fees, you can either fill out the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond form or submit another sworn document that includes the same information. If you choose to submit a sworn document, it must be signed by a notary public.

I need a lawyer? If you have been charged with a crime and want to request court-appointed counsel, contact the indigent defense coordinator, court coordinator or judge in the county where you have been charged. See the applicable indigent defense plan or you can call your court for instructions on local processes.

More info

1. Bring completed form to a judge. 2. If the application is granted, notify the applicant and counsel, if appointed.Application Process. If you would like to apply for court appointed attorney you will need to complete an Affidavit of Eligibility. CASE NO. and JUDGE. ORI. MI-. 207.1 Application of Part; waiver; special rules; definitions 207. Find, hire, and pay for your own attorney; or; Represent yourself. If you ask for court-appointed counsel, you must fill out an affidavit of indigency. The defendant requests the appointment of an attorney and submits the following information: 1. (C) Summons and Order to Appear and Request for Court-Appointed Counsel.

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Texas Affidavit and Request for Appointed Counsel or Waiver of Counsel