Indiana § 33-40-3-6 - Payment by defendant for cost of public defender services; deposit of payments collected; maximum costs
Full text of Indiana Indiana Code § 33-40-3-6 — Payment by defendant for cost of public defender services; deposit of payments collected; maximum costs, with citation guidance and answers to common questions.
§ 33-40-3-6. Payment by defendant for cost of public defender services; deposit of payments collected; maximum costs
Sec. 6. (a) Subject to subsection (e), if at any stage of a prosecution for a felony or a misdemeanor the court makes a finding of ability to pay the costs of representation under section 7 of this chapter, the court shall require payment by the person of the following costs in addition to other costs assessed against the person:
(1) Reasonable attorney's fees if an attorney has been appointed for the person by the court.
(2) Costs incurred by the county as a result of court appointed legal services rendered to the person.
(b) The clerk of the court shall deposit costs collected under this section into the supplemental public defender services fund established under section 1 of this chapter.
(c) A person ordered to pay any part of the costs of representation under subsection (a) has the same rights and protections as those of other judgment debtors under the Constitution of the State of Indiana and under Indiana law.
(d) The sum of:
(1) the fee collected under IC 35-33-7-6;
(2) any amount assessed by the court under this section; and
(3) any amount ordered to be paid under IC 33-37-2-3;
may not exceed the cost of defense services rendered to the person.
(e) A court may not require payment for costs or fees under this section for a child alleged to be a delinquent child.
[Pre-2004 Recodification Citation: 33-9-11.5-6.]
As added by P.L.98-2004, SEC.19. Amended by P.L.151-2023, SEC.5.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 33-40-3-6
What does Indiana Code § 33-40-3-6 cover?
Section 33-40-3-6 ("Payment by defendant for cost of public defender services; deposit of payments collected; maximum costs") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 33-40-3-6?
A common citation format is "Indiana Code § 33-40-3-6" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 33-40-3-6 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.