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Indigent Status Verification: Knowing how to play the game

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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Indigent Status Verification: Knowing how to play the game

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  1. Indigent Status Verification: Knowing how to play the game

  2. Verification can flag unreliable affidavits • Screening techniques affect the quality of affidavits

  3. Law Enforcement Makes Arrest

  4. Accused is Booked into County Jail.

  5. Accused requests counsel Assistance w/ completing Affidavit of Indigence

  6. 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

  7. Magistrate warnings given. Then verification process begins.

  8. Automatically qualifies for counsel. YES NO Receives public assistance?

  9. Check for: • Medicaid • food stamps • SSDI • public housing • Rely on affidavit. • Check for public housing at appraisal district site.

  10. Verify defendant’s income.

  11. Verify defendant’s income. • If SSN available, go to TWC Website. • Compare annualized • reported income to last four recent income quarters.

  12. Still no SSN? Use income listed on affidavit If no SSN, try Accurint and proceed to TWC

  13. 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.

  14. Verify assets: In Collin County, must be below $2500.

  15. Property • Check address from affidavit • Check appraisal records

  16. Vehicles: • Check affidavit for • self-reported vehicle • Check Accurint • Value auto using • BlueBook

  17. If total assets < $2500, income < 125% FPG and no public assistance… Counsel appointed.

  18. 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

  19. 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

  20. 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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