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CarolinaWoman said:
When one is declared indigent by a court order as Casey Anthony was in 2010, is there a time limit on it. Is it renewed every so many years? My question really is ... how does one become un-indigent(?) (probably not a word solvent maybe.) Does one have to return to court to have the indigent order lifted?

I appreciate all of the attorneys taking time to answer questions. :)
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My experience is, each separate court proceeding requires a new indigency petition. Frequently, when an indigent person is already being prosecuted for one crime (or set of related crimes), additional charges will be filed against them for unrelated crimes. In particular, once someone has been processed after an arrest, fingerprints or DNA or other evidence from prior unsolved crimes may link the defendant to those prior crimes. If the defendant has already been declared indigent on charges that are still pending, the defendant doesn't need to be declared indigent again on the new charges. However, if there is a time gap i.e. the criminal charges are resolved and any sentence has been completed then year or two goes by then new charges are filed, there would be a new indigency petition.

I have never personally seen a situation where a person is declared indigent then, prior to the criminal case being resolved, they are declared un-indigent. I suppose some county or state or court administrator could file a petition alleging that the defendant was no longer indigent because they had just won the lottery or inherited a fortune or whatever. I don't know who would be in charge of doing that, however.

Also, it doesn't have to be all or nothing. Here in California, a person may qualify for the services of the Public Defender if they can't afford to hire a private attorney but they may be required to pay some fees/costs based on their income level. Kind of a sliding scale. And they can arrange a payment plan to pay those fees/costs.

Katprint
Always only my own opinions
 
Read on twitter a bit ago that FBI not persuing reimbursement for the Casey Anthony trial and that this may be a "good sign" that they are going to bring up their own charges against her.....anyone know why this might be an alleged "good sign"?
 
Katprint said:
My experience is, each separate court proceeding requires a new indigency petition. Frequently, when an indigent person is already being prosecuted for one crime (or set of related crimes), additional charges will be filed against them for unrelated crimes. In particular, once someone has been processed after an arrest, fingerprints or DNA or other evidence from prior unsolved crimes may link the defendant to those prior crimes. If the defendant has already been declared indigent on charges that are still pending, the defendant doesn't need to be declared indigent again on the new charges. However, if there is a time gap i.e. the criminal charges are resolved and any sentence has been completed then year or two goes by then new charges are filed, there would be a new indigency petition.

I have never personally seen a situation where a person is declared indigent then, prior to the criminal case being resolved, they are declared un-indigent. I suppose some county or state or court administrator could file a petition alleging that the defendant was no longer indigent because they had just won the lottery or inherited a fortune or whatever. I don't know who would be in charge of doing that, however.

Also, it doesn't have to be all or nothing. Here in California, a person may qualify for the services of the Public Defender if they can't afford to hire a private attorney but they may be required to pay some fees/costs based on their income level. Kind of a sliding scale. And they can arrange a payment plan to pay those fees/costs.

Katprint
Always only my own opinions
Click to expand...

Thanks Katprint ... your info helps. I couldn't grasp when indigency would end. I appreciate you taking your time to reply.
 
krt said:
Read on twitter a bit ago that FBI not persuing reimbursement for the Casey Anthony trial and that this may be a "good sign" that they are going to bring up their own charges against her.....anyone know why this might be an alleged "good sign"?
Click to expand...

Nope. :)
 
Forgive me if this has been asked before.

#1 - Since FCA is deemed indigent for the up and coming court cases, can the state ask where she is getting her money for her new home and living expenses? Also, where she is getting money for her Dr.'s that are making house calls?

#2 - If she states that CA & GA are paying her way, would they be in legal trouble being their sources of income are disability and monies from their foundation.

#3 - Also, if people are giving her money as in donations, is this not considered an income but a gift? Does she have to declare her "gift" monies if over a certain amount?

#4 - Does she have to declare any monies that are not considered income?

Thank you in advance for these answers.
 
Justin Tyme said:
Forgive me if this has been asked before.

#1 - Since FCA is deemed indigent for the up and coming court cases, can the state ask where she is getting her money for her new home and living expenses? Also, where she is getting money for her Dr.'s that are making house calls?

#2 - If she states that CA & GA are paying her way, would they be in legal trouble being their sources of income are disability and monies from their foundation.

#3 - Also, if people are giving her money as in donations, is this not considered an income but a gift? Does she have to declare her "gift" monies if over a certain amount?

#4 - Does she have to declare any monies that are not considered income?

Thank you in advance for these answers.
Click to expand...

#1 - The State can ask if there is a new hearing on indigency. But at this point, they will probably need some evidence to justify a new hearing. Having "stuff" might not be enough, since it's pretty obvious there are lots of people who want to give Casey "stuff" free of charge. :banghead:

#2 - No. People can use their disability income and income from salaries as foundation officers for anything they want.

#3 & #4 - If you mean would she have to inform the court of these gifts/funds in the event of another indigency hearing, the answer is probably yes.
 
The latest buzz, albeit National Inquirer buzz, has me thinking about when KC could actually leave the country legally ... She has her 1 year probation to complete, but even after that if there are judgments against her to pay restitution or expenses for the lying charges, can she just get out of them by leaving the country? Also, what will happen if she leaves the country to law suits that may be brought against her, like one from TES ?
 
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denjet said:
The latest buzz, albeit National Inquirer buzz, has me thinking about when KC could actually leave the country legally ... She has her 1 year probation to complete, but even after that if there are judgments against her to pay restitution or expenses for the lying charges, can she just get out of them by leaving the country? Also, what will happen if she leaves the country to law suits that may be brought against her, like one from TES ?
Click to expand...

Leaving the country doesn't necessarily get you out of lawsuits. There's this thing called the Hague Convention for...um...something-or-other-having-to-do-with-service-of-process-and-enforcement-of-judgments. Haven't used it in years, but it isn't impossible. In most countries anyway.
 
RANCH said:
I heard that Baez was retained by the family of Gary Giordano who is a suspect in the disappearance of Robyn Gardner in Aruba. Some members have said he has no standing in Aruba to defend Giordano. And if he returns to the US it would be a Federal matter and Baez is not qualified to defend him. What gives here?

http://abcnews.go.com/blogs/headlin...rney-jose-baez-to-rep-gary-giordano-in-aruba/
Click to expand...

Lawyers don't need "standing," they need to be licensed in the jurisdiction in which they're practicing. I don't know what the licensure requirements are in Aruba (if any), how easy it is to get admitted "pro hac vice" (temporarily for one case)--assuming they have such a procedure, and/or whether or not the Aruba authorities consider it unauthorized practice of law if you just "consult" rather than actually appearing in court.

Whether or not Baez could defend him in the US in a federal case would also depend upon whether or not he was admitted to practice (either permanently or pro hac vice) in the court in question. Getting admitted pro hac vice in federal court outside your normal jurisdiction is usually not a big deal.
 
AZlawyer said:
Lawyers don't need "standing," they need to be licensed in the jurisdiction in which they're practicing. I don't know what the licensure requirements are in Aruba (if any), how easy it is to get admitted "pro hac vice" (temporarily for one case)--assuming they have such a procedure, and/or whether or not the Aruba authorities consider it unauthorized practice of law if you just "consult" rather than actually appearing in court.

Whether or not Baez could defend him in the US in a federal case would also depend upon whether or not he was admitted to practice (either permanently or pro hac vice) in the court in question. Getting admitted pro hac vice in federal court outside your normal jurisdiction is usually not a big deal.
Click to expand...

BBM. Provided you're in good standing in the state you're admitted. And who knows how long JB will be in good standing in FL.
 
RANCH said:
I heard that Baez was retained by the family of Gary Giordano who is a suspect in the disappearance of Robyn Gardner in Aruba. Some members have said he has no standing in Aruba to defend Giordano. And if he returns to the US it would be a Federal matter and Baez is not qualified to defend him. What gives here?
http://abcnews.go.com/blogs/headlin...rney-jose-baez-to-rep-gary-giordano-in-aruba/
Click to expand...


As to what gives? :dunno::idea:The defendant. He gives money...
That's my guess.

As to the WS members' opinions re: Baez and The Practice of Law in Aruba:

I agree.

Baez is not a member of the Organization/Bar which authorizes an individual to work as an attorney in Aruba.
Therefore, He is not qualified at this time to undertake a criminal case in Aruba.

Okay so assuming that is true, I then asked if he might be involved in some way as a consultant.
But,
The Aruban Rules of Law Practice are telling me he cannot work as a consultant on a criminal case in Aruba unless authorized by a certain Dutch Judicial Organization.
Cannot remember the official name but you get the idea of it.

Okay then, so what about approaching it as if he is prepping to do something if any aspect of the case ends up in our Federal Court System.
Well, apparently :unksam: did not send out an invitation to JB since he is not a member of the federal bar. Trust me, there's a whole other separate federal bar. I'm a member and I have a pretty certificate with an eagle.
Admission to the Bar of any particular state does not give a lawyer membership in the federal system as some sort of bonus add on.

:talker:
Let Us Summarize:
JB not admitted to practice in Aruban system:jester::python:
JB not admitted to practice in Federal Court System:jester::python:


Seriously,I am in NO WAY:nono: referring to JB as I continue the analysis.


I can say that I once knew a lawyer who suffered from a condition which caused him to believe that he was authorized to practice in every court system in the world and was also , or so he believed, a sitting member of multiple tribal councils:Banane23::Banane23::Banane23: :xena_banana:in several third world nations.

Eventually we learned that he suffered from post-verdict-of-acquittal -schizophrenia.:saythat:
:angel:

Since that's not the case with JB though, as again, I am not referring to him,
I really don't know what he's doing. :gasp:


Hopefully, Aruba will still be speaking to us:phone: :usa::phone:when all is said and done.

MH:wolf:opinion
 
MiraclesHappen: :goodpost:

and thank you for all that information!

And you are right- miracles DO happen.:angel2:

-abbie
 
MiraclesHappen said:
As to what gives? :dunno::idea:The defendant. He gives money...
That's my guess.

As to the WS members' opinions re: Baez and The Practice of Law in Aruba:

I agree.

Baez is not a member of the Organization/Bar which authorizes an individual to work as an attorney in Aruba.
Therefore, He is not qualified at this time to undertake a criminal case in Aruba.

Okay so assuming that is true, I then asked if he might be involved in some way as a consultant.
But,
The Aruban Rules of Law Practice are telling me he cannot work as a consultant on a criminal case in Aruba unless authorized by a certain Dutch Judicial Organization.
Cannot remember the official name but you get the idea of it.

Okay then, so what about approaching it as if he is prepping to do something if any aspect of the case ends up in our Federal Court System.
Well, apparently :unksam: did not send out an invitation to JB since he is not a member of the federal bar. Trust me, there's a whole other separate federal bar. I'm a member and I have a pretty certificate with an eagle.
Admission to the Bar of any particular state does not give a lawyer membership in the federal system as some sort of bonus add on.

:talker:
Let Us Summarize:
JB not admitted to practice in Aruban system:jester::python:
JB not admitted to practice in Federal Court System:jester::python:


Seriously,I am in NO WAY:nono: referring to JB as I continue the analysis.


I can say that I once knew a lawyer who suffered from a condition which caused him to believe that he was authorized to practice in every court system in the world and was also , or so he believed, a sitting member of multiple tribal councils:Banane23::Banane23::Banane23: :xena_banana:in several third world nations.

Eventually we learned that he suffered from post-verdict-of-acquittal -schizophrenia.:saythat:
:angel:

Since that's not the case with JB though, as again, I am not referring to him,
I really don't know what he's doing. :gasp:


Hopefully, Aruba will still be speaking to us:phone: :usa::phone:when all is said and done.

MH:wolf:opinion
Click to expand...

Isn't this the same sort of scenario for Joe Tacopina (sp?) when he was representing Van der sloot or was he not defending him in Aruba?
 
http://www.wesh.com/pdf/29195158/detail.html


..judgeP's Order to Tax Special Costs..

..he includes, on the last page:

"Further,these payment obligations are hereby reduced to a civil judgement against Defendant, Casey Anthony, FOR WHICH SUM LET EXECUTION ISSUE."

..can you tell me what that part means?
 
lauriej said:
http://www.wesh.com/pdf/29195158/detail.html


..judgeP's Order to Tax Special Costs..

..he includes, on the last page:

"Further,these payment obligations are hereby reduced to a civil judgement against Defendant, Casey Anthony, FOR WHICH SUM LET EXECUTION ISSUE."

..can you tell me what that part means?
Click to expand...

And to piggyback off of Lauriej's post - once the execution issue begins - how hard and for how long will the attempts to get this and other court fines paid?
What steps can be taken? Thanks in advance...
 
lauriej said:
http://www.wesh.com/pdf/29195158/detail.html


..judgeP's Order to Tax Special Costs..

..he includes, on the last page:

"Further,these payment obligations are hereby reduced to a civil judgement against Defendant, Casey Anthony, FOR WHICH SUM LET EXECUTION ISSUE."

..can you tell me what that part means?
Click to expand...

It means that the State can go and try to collect the judgment from whatever assets Casey has.

logicalgirl said:
And to piggyback off of Lauriej's post - once the execution issue begins - how hard and for how long will the attempts to get this and other court fines paid?
What steps can be taken? Thanks in advance...
Click to expand...

It can go on for however long the State cares to try to collect. I assume Florida has a procedure for "renewing" a judgment every so often so it doesn't expire.

For almost any asset or income you can think of, there is a procedure to collect on it. Some assets and income will be exempt, however, and my recollection is that, in Florida, the exemptions are pretty extensive.
 
Thank you AZLawyer for your response and I see RHornsby says in another quote that this kind of debt can lead to the cancellation of your drivers license and can hound you for the rest of your life. But you probably know all that already and it's not why I am back. :loser:

Can HHJP's order for special costs be appealed and to whom? The same Appeals Court in Daytona Beach, as the Defense most recently appealed to re the probation?
 
..quick question ...if kc were to file for bankruptcy, is it correct that costs owed to the Court or the IRS would not be wiped out/included?

..thanks so much in advance...( for ALL that you do! )
 
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