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My cousin received a voucher to select his attorney, at the fee rate that the court gives their court appointed attorneys.

Irving, TX |
Filed under: Criminal defense

Is this possible in Collin County, Texas?

My cousin was indigent at the time he needed a court appointed attorney.

Attorney Answers 4

Posted

No. If you qualify for a court appointed attorney in Collin, the court will choose your attorney. And then will bill you for it when the case is over. So you're better off finding an attorney you are comfortable with, who will give you a payment plan you can manage. Most of us offer free consultations. Just start calling around.

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5 comments

Carmine John Giardino

Carmine John Giardino

Posted

I never heard of a voucher

Joshua Sachs

Joshua Sachs

Posted

It sounds like the poster is describing an alternative to a PD or appointed counsel system in which defendants would receive court vouchers that they could give to any attorney, who would in turn redeem them from the court's indigent defense fund. Does Texas have such a system? Perhaps as a pilot program? I have never heard of such a thing anywhere.

Carmine John Giardino

Carmine John Giardino

Posted

Not that I am aware of.

Carmine John Giardino

Carmine John Giardino

Posted

If an attorney is court appointed, at the end of the case the attorney will fill out a form in order to collect their fee, which is then turned into the agency that pays it.

Carmine John Giardino

Carmine John Giardino

Posted

Not aware of anything given to the defendant in order to find a lawyer.

Posted

what is a voucher?

If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!

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2 comments

Bobby Dale Barina

Bobby Dale Barina

Posted

Under a proposal to reform indigent defense courts would provide indigent defendants with a voucher that could be redeemed by a defense attorney of the indigent’s choosing. The voucher would either be worth a lump sum or be tied to a predetermined hourly rate, and the defense attorney could redeem the voucher by reporting to a court administrator the number of hours worked. The court administrator would of course need to review the hours reported by the attorney to de­termine whether the figure is reasonable. Jurisdictions could select different reimbursement rates for misdemeanors, felo­nies, capital crimes, etc

Carmine John Giardino

Carmine John Giardino

Posted

There should be a program like medicaid, but for legal defense.

Posted

That is in violation of the fair defense act, it sounds like. if your cousin is indigent, then he is to receive a court appointe lawyer. If he is sentenced to probation, they can make restitution, including lawyer fees, a part of his probation.

Sounds to me like the best thing to do is to hire his own lawyer.

Cynthia Henley
713-222-1220

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Posted

If the court finds a defendant is only "partially indigent" meaning can pay some of the cost of a lawyer, Texas law permits the judge to require some of the lawyer fee be paid up front or monthly as the case proceeds. However, that is rarely done.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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