Resources for legal help to
the indigent
Compiled by Leon Felkins. Updated
March 20, 2004 by Brenda Grantland
It is acknowledged by just about everyone that the quality of
justice you get in the American justice system depends on how much
money you
have to retain counsel.
Since forfeiture victims have almost by definition, little or no
resources and since there is generally no Constitutional requirement
that legal assistance be provided by the government, the forfeiture
process can be devoid of any fairness.
Fortunately, there are a few resources out there for some victims which
allows them to obtain free counsel.
For those who do not qualify and are therefore forced to represent
themselves, we have assembled this list of self-help resources for "pro
se" or "pro per" victims. Note: FEAR's Asset Forfeiture
Defense Manual was specifically designed for victims forced to
represent themselves, as well as forfeiture lawyers. You can buy it online at this website. Having
the manual will not make you as effective as a trained, experienced
forfeiture lawyer, but hey, it only costs $119 plus tax and
shipping. Pro se victims should also join
FEAR ($35 per year) so they can get access to our online Brief Bank.
Also, please take advantage of the huge amount of free self-help
materials available on this website, including the self-help page and the materials in the FEAR website Law Library.
Federal forfeiture law now allows court-appointed
counsel in some federal forfeiture cases
Under the Civil Asset Forfeiture Reform Act of 2000, the court can
appoint counsel for indigent forfeiture victims in two situations:
(1) If the forfeiture victim has a court appointed attorney in a
pending federal criminal case, the judge may authorize that lawyer to
also represent the victim in the parallel forfeiture case. 18
U.S.C. § 983(b)(1)(A). The requirements are:
- the claimant is financially unable to obtain counsel
- the claimant is represented by an attorney court-appointed under
the Criminal Justice Act in a related federal criminal case
- the claimant has "standing" (a legal term meaning a recognized
ownership or possessory interest in the property)
- the judge determines the claim is made in good faith
- the forfeiture case is not a Customs case (border crossing or
imports) one of the other offenses exempted from CAFRA's reforms, and
the case was brought after CAFRA's effective date (August 23, 2000).
(2) If the property subject to forfeiture is the claimant's primary
residence, the judge is required to ensure that the claimant is
represented by an attorney for Legal Services Corporation. 18 U.S.C.
§ 983(b)(2)(A). The requirements are:
- the claimant is financially unable to obtain counsel
- the claimant has "standing" (a legal term meaning a recognized
ownership or possessory interest in the property)
- the forfeiture case is not a Customs case (border crossing or
imports) or one of the other offenses exempted from CAFRA's reforms,
and the case was brought after CAFRA's effective date (August 23, 2000).
Below you will find a list of pro bono
programs for indigent people,
and self-help resources for "pro se" or "pro per" litigants (both terms
mean people representing themselves). This was obtained by
scanning
the internet for anything that looked like it might be useful. Please
use it with caution as the list contains a wide range of articles
varying in legitimacy and region of application. We don't
have the
resources to check out these programs or websites, so use them at your
own risk.
If you know of any other pro bono or sliding scale programs that might
represent indigent forfeiture victims, please email Brenda.
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General Legal Assistance Resources
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Alabama
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Alaska
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Arkansas
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California
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Colorado
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Connecticut
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Florida
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Illinois
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Indiana
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Kansas
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Maine
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Michigan
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Missouri
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Nevada
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New Mexico
- Pro
Se [for yourself] Fights - a long detailed personal account of a
"Pro Se" experience. Lots of images of legal papers that might be
useful, also.
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New York
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Oregon
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Pennsylvania
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Utah
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Washington
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