tag:blogger.com,1999:blog-8597101.post8390347602510327998..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Petition for new 'driver responsibility' rules filed todayGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-8597101.post-69654659563144677092009-08-15T01:40:28.511-05:002009-08-15T01:40:28.511-05:00Great work Scott! It is about time something is do...Great work Scott! It is about time something is done about this ridiculous situation. Maybe you can assess a surcharge for them!jimhttp://ajeffersonian.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-30484324816970316542009-08-10T12:17:39.027-05:002009-08-10T12:17:39.027-05:00Actually under these rules "indigency" i...Actually under these rules "indigency" is determined differently than for appointed counsel. HB 2730 (the DPS sunset bill) gave specific benchmarks to be used. From the rules:<br /><br />Any one of the following pieces documentation may be used as proof of eligibility for a surcharge waiver due to indigence:<br /><br /> * A copy of your federal income-tax return that shows that your household income does not exceed 125 percent of the federal poverty guidelines.<br /> * A copy of your most recent state of wages that shows that your income or your household’s income does not exceed 125 percent of the federal poverty guidelines; or<br /> * Documentation from a federal agency, state agency, or school district that indicates that you or any of your dependants receive assistance from the following agencies. If you are a dependent, you may qualify by submitting proof that you or the taxpayer claiming you as a dependant qualify for this assistance:<br /> - The food stamp program or temporary assistance for needy families (TANF);<br /> - The federal special supplemental nutrition program for women, infants, and children (WIC);<br /> - A medical assistance program such as Medicaid or Managed Care;<br /> - The child health plan program (CHIP); or<br /> - The national free or reduced-price lunch program.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-51182464406545273682009-08-07T10:08:49.129-05:002009-08-07T10:08:49.129-05:00A defendant is indigent if he is "not financi...A defendant is indigent if he is "not financially able to employ counsel." Tex Code Crim Proc 1.051 (b). Each county is required to adopt a written plan that specifies how they will determine whether a defendant is indigent. Those plans are available at http://tfid.tamu.edu/Public/default.asp.AMhttps://www.blogger.com/profile/06083791282659975091noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-35600242201873397642009-08-07T05:24:29.568-05:002009-08-07T05:24:29.568-05:00What qualifies a person for indigence? sorry typi...What qualifies a person for indigence? sorry typing and hit the auto correct without paying attention.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-60567541643383756152009-08-07T05:19:13.168-05:002009-08-07T05:19:13.168-05:00I recently gave a person a ride to court and conse...I recently gave a person a ride to court and consequently sat through a bizarre scenario of what seemed to be a Judge giving instruction to the defendant in a manner that was obvious to me, being given in order to induce the defendant to plead guilty. The judge appeared to show empathy towards the defendant’s financial problems and repeated on several occasions the consequences of choosing (a not guilty VS a guilty plea), and apparently felt the defendant would be best served by pleading guilty.<br /><br />The defendant is truly burdened financially, and recently lost employment due to lay off.<br /><br />The defendant is literally within days of being homeless.<br /><br />After a back and forth of Judge to defendant, with an occasional input from the prosecutor that was difficult for me to determine true intent, but did in fact seem to show sympathy to the plight of the defendant, a plea changed from several of not guilty to a guilty plea on all charges.<br /><br />Afterwards, the Judge accepted the guilty plea on all charges and began giving the defendant a laundry list of requirements, all of which required the defendant to pay large amounts of money in a very small amount of time. This will be impossible for the defendant to accomplish.<br /><br />There were circumstances surrounding each charge that in my opinion were defensible. I am not an attorney so my opinion may very well be without merit.<br /><br />The defendant truly had no understanding of what was being explained from the bench, or remarks from the prosecution. The mental stability of the defendant is the root cause for the original citations, and these mental medical health problems can be demonstrated to be real through medical history.<br /><br />Had the defendant had any true understanding of what was taking place I think in this particular instance a court appointed attorney would have been part of the proper course of action, and this may not have occurred.<br /><br />Now the financial burden of simply trying to stay off of the street is compounded by fees and surcharges that represent impending doom to the defendant’s mental well being.<br /><br />What qualifies a person for indecency?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-22291209880110176722009-08-06T11:43:42.103-05:002009-08-06T11:43:42.103-05:00I take it Mike Krusee didn't sign on ?I take it Mike Krusee didn't sign on ?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-25433638843214239632009-08-06T10:34:15.232-05:002009-08-06T10:34:15.232-05:00Thank you so much!Thank you so much!Tamara S.noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-59688658721078895082009-08-06T02:57:15.358-05:002009-08-06T02:57:15.358-05:00Scott you are my hero.Scott you are my hero.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-78861289808348243162009-08-05T16:58:38.555-05:002009-08-05T16:58:38.555-05:00Great job, Scott. Too bad you can't assess the...Great job, Scott. Too bad you can't assess them a fee for doing so much of their homework!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-26625776697811219772009-08-05T11:24:42.989-05:002009-08-05T11:24:42.989-05:00Excellent start, sir. Now, what can we do to help ...Excellent start, sir. Now, what can we do to help get this thing abolished once and for all? In my book, this is just another unfair taxation, and one that puts a huge burden on the very people who clearly have more trouble than they can handle to begin with. I'll even pony up some funds to help. Sad that it takes money to change an unjust taxation scheme, but that's our broke ass system for you.R. Shacklefordnoreply@blogger.com