46-8-101. Right to counsel. (1) During the initial appearance before the court, every defendant must be informed of the right to have counsel, and must be asked if the aid of counsel is desired.
     (2) If the defendant desires counsel, is unable to employ counsel, and is entitled to have counsel assigned, the court shall assign counsel to the defendant without unnecessary delay.
     (3) The defendant, if unable to employ counsel, is entitled to have counsel assigned if:
     (a) the offense charged is a felony;
     (b) the offense charged is a misdemeanor and the court desires to retain imprisonment as a sentencing option; or
     (c) the interests of justice would be served by assignment.

     History: En. 95-1001 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1001; amd. Sec. 1, Ch. 415, L. 1981; amd. Sec. 63, Ch. 800, L. 1991.