Due Processr

Attorney Directory

This form links directly to the attorney lookup feature hosted on the BBO's website.
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User's Guide

[guide]

About

The code for this application is hosted on GitHub and licensed under an MIT licence.

Disclaimer

NO legal advice here. Nothing presented here should be construed as legal advice nor does anything on this sites, or ones interactions with it, create an attorney-client relationship.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Indigency: Logic & Data

The indigency calculator assumes the following:

MA SJC Rule 3:10

Section 1. Definitions.The following definitions apply in this rule:

. . .

(f) Indigent -- A party who is:

    (i) receiving one of the following types of public assistance: Aid to Families with Dependent Children (AFDC), Emergency Aid to Elderly, Disabled and Children (EAEDC), poverty related veterans' benefits, food stamps, refugee resettlement benefits, Medicaid, or Supplemental Security Income (SSI);

    (ii) receiving an annual income, after taxes, one hundred twenty five percent or less of the then current poverty threshold referred to in G. L. c. 261, § 27A(b);

    (iii) residing in a tuberculosis treatment center or a public or private mental health, mental retardation or long term care facility, including the Bridgewater State Hospital and the Treatment Center, or the subject of a proceeding in which admission or commitment to such a center or facility is sought, or who is the subject of a proceeding in which a substituted judgment determination concerning treatment is sought, provided, however, that where the judge has reason to believe that the party is not indigent, a determination of indigency shall be made in accordance with Section 4 and other applicable provisions of this rule. The provisions of paragraph (b) of Section 1 of this rule notwithstanding, for purposes of such determination "available funds" shall not include the liquid assets or disposable net monthly income of any member of the party's family.

    (iv) serving a sentence in a correctional institution and has no available funds; or

    (v) held in custody in jail and has no available funds.

(g) Indigent but Able to Contribute -- A party who

    (i) has an annual income, after taxes, of more than one hundred twenty five percent and less than two hundred fifty percent of the then current poverty threshold referred to in G. L. c. 261, § 27A(b), or

    (ii) is charged with a felony within the jurisdiction of the Superior Court and whose available funds are insufficient to pay the anticipated cost of counsel for the defense of the felony but are sufficient to pay a portion of that cost.

. . .

See Massachusetts Supreme Judicial Court Rule 3:10: Assignment of Counsel.

M.G.L. Chapter 261 MA § 27A

Section 27A. As used in sections twenty-seven A to twenty-seven G, inclusive, the following words shall have the following meanings:

“Indigent”, (a) a person who receives public assistance under aid to families with dependent children, program of emergency aid for elderly and disabled residents or veterans’ benefits programs or who receives assistance under Title XVI of the Social Security Act or the medicaid program, 42 U.S.C.A. 1396, et seq.; (b) a person whose income, after taxes, is 125 per cent or less of the current poverty threshold established annually by the Community Services Administration pursuant to section 625 of the Economic Opportunity Act, as amended; or (c) a person who is unable to pay the fees and costs of the proceeding in which he is involved or is unable to do so without depriving himself or his dependents of the necessities of life, including food, shelter and clothing, but an inmate shall not be adjudged indigent pursuant to section 27C unless the inmate has complied with the procedures set forth in section 29 and the court finds that the inmate is incapable of making payments under the plans set forth in said section 29.

. . .

See Massachusetts General Laws: Chapter 261 MA § 27A. Related: Mass. Court: Indigency (waiver of fees).

2014 Poverty Guidelines

Size 100% 125% 250%
1$11,670$14,587.50$29,175
2$15,730$19,662.50$39,325
3$19,790$24,737.50$49,475
4$23,850$29,812.50$59,625
5$27,910$34,887.50$69,775
6$31,970$39,962.50$70,334
7$36,030$45,037.50$90,075
8$40,090$50,112.50$100,225

See Federal Register, 79 FR 3593, 3593 -3594 (January 22, 2014) (listing of 100% values).

Taxes

For the purpose of estimating a party's after tax income, this calculator assumes:

  • a federal deduction of $5,850
  • a $3,800 exception for each member of the household
  • a state deduction of $4,400
  • a state exception of up to $2,000 of income paid towards Social Security
  • a FICA of 5.65% on gross income (for employes)
  • a SECA of 9.85% on 95.8% of gross income (contractors/self-employed)
  • a state income tax of 5.3% if ones state-taxable income is over $24,000
  • a federal income tax of either: (1) 15% for income between $8,701 and $35,350; (2) 25% for income between $35,351 and $85,650; (3) 28% for income between $85,651 and $178,650; or (4) 35% for income above $178,650. Note: The calculator does not apply these rates independently upon their respective ranges. Rather, it imposes the largest applicable rate to all income. Consequently, it produces an overestimate of federal income tax owed.

Sentencing: Logic & Data

The sentencing calculator assumes the following:

Massachusetts Sentencing Guidelines

See Massachusetts Sentencing Guidelines

Also:
Email Curator

Indigency

Regular Household Income?
Exclude the complaining witness.

Calculate

Specifically: Aid to Families with Dependent Children (AFDC), Emergency Aid to Elderly, Disabled and Children (EAEDC), poverty related veterans' benefits, food stamps, refugee resettlement benefits, Medicaid, or Supplemental Security Income (SSI).

Classification

You can't get there from here. Try the home screen.

Sentencing

Current Charge(s)
Enter lead (most serious) charge.

Prior Convictions
Enter all prior convictions.

Criminal History
Will list prior convictions after entry above.