Posting bond is not proof a client can fund a defense. Establish indigency for costs so investigators, experts and transcripts are state-funded even when the client is out on bond or retained counsel.
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Client is out on bond
Counsel is retained / conflict-appointed, not the PD
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Orange County, Florida · Circuit Court · Speedy trial: Fla. R. Crim. P. 3.191 · Release: Fla. R. Crim. P. 3.131; Fla. Stat. § 903.046
[Florida — Inability-to-pay / Bearden ROR proffer] Your Honor, R.M. on case 2026-CF-004182. The defense moves for a determination of indigency for costs so we can retain [SERVICES], at an estimated $0 over roughly 0 hours. My client's monthly income is $0. Ake v. Oklahoma requires the State to provide the basic tools of an adequate defense to an indigent accused. Ability to make bail is not a finding of ability to fund expert litigation costs, and the two determinations are legally distinct. I'd ask the Court to declare my client indigent for costs and authorize the requested due process services at state expense. Your Honor, my client is indigent. Under Bearden v. Georgia, 461 U.S. 660 (1983), and Fla. R. Crim. P. 3.131; Fla. Stat. § 903.046, the Court may not detain by setting a bond my client has no ability to post without first inquiring into that ability and considering alternatives. We ask the Court to make that inquiry on the record and grant release on personal recognizance, or on conditions no more restrictive than necessary to secure appearance and community safety, as required by Fla. R. Crim. P. 3.131; Fla. Stat. § 903.046.
