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  #1  
Old 10-05-2010, 05:18 PM
mimi23 mimi23 is offline
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Default Where to get needed informa pauperis forms

I was told by a judge's receptionist that my son needed to fill out an in forma pauperis form so he can get a new attorney to file for a sentence reduction. We live in Mississippi and I don't know where to get this form and I don't know what or how to tell him to get it. Can someone please help me? We don't have the funds for a new attorney - the one we had took the money and ran! He has been incarcerated for a little over a year and has another 14 mandatory to go. His sentence was ridiculous, but the attorney had us so scared of the judge neither one of us would say anything to him. I really would appreciate if someone could give me some pointers. Thanks!
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Old 10-05-2010, 09:17 PM
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Colorado_Lawyer Colorado_Lawyer is offline
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I don't think there is a "form," it is a motion. I attached a sample motion that you can modify to fit your son's circumstances. I hope this helps.
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File Type: pdf 20101004 Motion to Proceed Informa Pauperis.pdf (94.9 KB, 10 views)
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Old 10-19-2010, 02:19 PM
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Default form

Thank you for sending that but it would not open for me. Would you please send it again?
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I don't think there is a "form," it is a motion. I attached a sample motion that you can modify to fit your son's circumstances. I hope this helps.
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Old 10-19-2010, 02:35 PM
Paralegal USA Paralegal USA is offline
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Thank you for sending that but it would not open for me. Would you please send it again?
It's a pdf file - you need adobe acrobat to open. Can download for free at adobe.com.
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Old 10-19-2010, 02:58 PM
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There may also be a form that you would have to attach to the motion. Call the Clerk of the Court and ask. I have attached the form for Colorado, which is not going to do you any good, but at least you will see the type of information that will likely be on the form.

If you download the adobe reader from adobe.com you should be able to open up these files. There is no other way to attach them.

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Thank you for sending that but it would not open for me. Would you please send it again?
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File Type: pdf jdf208 -- application for public defender.pdf (122.7 KB, 2 views)
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Old 11-04-2010, 01:46 PM
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Thank you so much for your help. I have a million questions - would you be willing to listen to any of them?
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Old 11-04-2010, 07:00 PM
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Post your questions here or send them by private message if you are looking for a particular member's input...Niki
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Old 11-05-2010, 04:49 PM
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Quote:
Originally Posted by mimi23 View Post
I was told by a judge's receptionist that my son needed to fill out an in forma pauperis form so he can get a new attorney to file for a sentence reduction. We live in Mississippi and I don't know where to get this form and I don't know what or how to tell him to get it. Can someone please help me? We don't have the funds for a new attorney - the one we had took the money and ran! He has been incarcerated for a little over a year and has another 14 mandatory to go. His sentence was ridiculous, but the attorney had us so scared of the judge neither one of us would say anything to him. I really would appreciate if someone could give me some pointers. Thanks!
. No form for this item at the state leval only in the U.S district Court (Federal Court) Now According to
Mississipi Rules of Appellate Procedure Rule 6
(a) Leave to Proceed
In Forma Pauperis From the Trial Court to the Supreme

Court in Criminal Cases.
(1)
Post-trial Motion in Trial Court. A defendant in a criminal case in a trial court
who desires to proceed on appeal
in forma pauperis shall file in the trial court a motion for
leave so to proceed, together with an affidavit showing the defendant's inability to pay fees
and costs. If the motion is granted, the defendant may so proceed without further application
to the Supreme Court and without prepayment of fees or costs in either court. If the motion
is denied, the trial court shall state in writing the reasons for the denial.


Upon finshing your motion you will need to attach your motion the folowing form

AFFIDAVIT TO ACCOMPANY MOTION FOR LEAVE TO

APPEAL IN FORMA PAUPERIS

You can see an example of this form and other forms used in the appeal process at this link Mississippi Rules od Appeallet Procedure http://www.mssc.state.ms.us/rules/msrulesofcourt/rules_of_appellate_procedure.pdf
You may want to review the Missisiisippi Rules of Appellate Procedure also

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Old 11-13-2010, 12:18 AM
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Quote:
Originally Posted by mimi23 View Post
I was told by a judge's receptionist that my son needed to fill out an in forma pauperis form so he can get a new attorney to file for a sentence reduction. We live in Mississippi and I don't know where to get this form and I don't know what or how to tell him to get it. Can someone please help me? We don't have the funds for a new attorney - the one we had took the money and ran! He has been incarcerated for a little over a year and has another 14 mandatory to go. His sentence was ridiculous, but the attorney had us so scared of the judge neither one of us would say anything to him. I really would appreciate if someone could give me some pointers. Thanks!


Hello,
First what prison is he in? second he needs to see if they have an inmate subcousnel and they will be able to help him with the form. But word of advice that is for offenders that dont have money (indigent) so he may have to spend all his money before they will help him
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