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Illinois Indigency Calculator

This is a class project. You should not rely on it as a source of legal information. It is likely incomplete.

Answer the following questions to see if you qualify for appointment of counsel or a fee waiver.

Title: Illinois Indigency Calculator After: Q(1): Are you a party to a criminal or civil case? A: Criminal Q(1.1):Is the penalty in your case a fine only? A:Yes Q(1.1.1):I'm sorry, but under Illinois law you cannot qualify as indigent where the penalty in the case is only a fine. See 725 ILCS 5/113-3(b). So you'll probably need to hire an attorney. Would you like to search for one near you? A:[https://www.avvo.com/find-a-lawyer] Yes. Q(1.1.1.1):GOTO:nomore A: No Q(1.1.1.2):GOTO:nomore A:No Q(1.1.2): Is the party to the case a juvenile (under 18) or an adult? A: Juvenile Q(1.1.2.1):Illinois provides counsel to indigent youth through a county-based system. Illinois has no presumption of indigence in juvenile court proceedings. The court will determine whether you are unable to employ counsel and will require an affidavit signed by the defendant who requests court-appointed counsel containing sufficient information to ascertain the assets and liabilities of that defendant. See 725 ILCS 5/113-3(b). Would you like fill out an affidavit? A:[https://www.illinoislegalaid.org/sites/default/files/legal_content/file_form_content/blank_affidavit_0.pdf] Yes Q(1.1.2.1.1):GOTO:nomore A: No Q(1.1.2.1.2):GOTO:nomore A: Adult Q(1.1.2.2): You need not be entirely without funds for purposes of having the right to appointed counsel; rather, you may qualify as indigent if you lack financial resources on a practical basis to retain counsel. The court will determine whether you are unable to employ counsel and will require an affidavit signed by the defendant who requests court-appointed counsel containing sufficient information to ascertain the assets and liabilities of that defendant. See 725 ILCS 5/113-3(b). If the court appoints you counsel, you may be ordered to pay a reasonable sum to reimburse either the county or the state for such representation. See 725 ILCS 5/113-3.1(a). Would you like fill out an affidavit? A:[https://www.illinoislegalaid.org/sites/default/files/legal_content/file_form_content/blank_affidavit_0.pdf] Yes Q(1.1.2.2.1):GOTO:nomore A: No Q(1.1.2.2.2):GOTO:nomore A: Civil Q(1.2): Do your receive public assistance under one or more of the following programs: Supplemental Security Income (SSI), Aid to the Aged, Blind and Disabled (AABD), Temporary Assistance for Needy Families (TANF), Food Stamps, General Assistance, Transitional Assistance, or State Children and Family Assistance? A: Yes Q(1.2.1):GOTO:qualaid A: No Q(house): How many people are in your household? X:number Q(income): How much income does your household bring in per year in after tax dollars? X:number Q(1.3.1.1): Would you like to check for eligibility based on your income? A[javascript:if (fedpov(getvar('house'),getvar('income'),125)){ goto('qualciv') } else { goto('noqualciv') } ]: Yes A: No Q(qualaid): You probably qualify as indigent because you receive public assistance. See 735 ILCS 5/5-105(a)(2)(1). Q(qualciv): You probably qualify as indigent since you earn less than 125% of the poverty line. See 735 ILCS 5/5-105(a)(2)(ii). However, if your assets that are not exempt under Part 9 Article XII(a) or Part 10 Article XII(a) are of a nature and value that the court determines that you are able to pay the fees, costs, and charges. Consequently, you may be eligible to have your court fees waived. Please note that if you are a minor, the affidavit must be filled out by another person having knowledge of the facts. See 735 ILCS 5/5-105(c). Would you like me to open up a fee waiver for you to file? A:[http://www.illinoiscourts.gov/Forms/approved/procedures/FeeWaiver_Suite_Approved.pdf] Yes Q(3.1): If the affidavit of indigency didn't open in a new window/tab, you can find it here. Either way, after you fill it out take it to court and give it to the clerk. A: No Q(3.2):GOTO:nomore Q(noqualciv): You probably won't qualify as indigent since you earn more than 125% of the poverty line. See 735 ILCS 5/5-105(a)(2)(ii). So you'll probably need to hire an attorney. Would you like to search for one near you? A:[https://www.avvo.com/find-a-lawyer] Yes. Q(4.1):GOTO:nomore A: No Q(4.2):GOTO:nomore Q(nomore): I'm afraid there's nothing else I can help you with. I hope you have a nice day.