US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 8
                      EXAMINATION OF CASE AND DISCHARGE
                           OR COMMITMENT OF ACCUSED
    19-852.  RIGHT TO COUNSEL OF NEEDY PERSON -- REPRESENTATION AT ALL STAGES
OF CRIMINAL AND COMMITMENT PROCEEDINGS -- PAYMENT. (a) A needy person who is
being detained by a law enforcement officer, who is confined or is the subject
of hospitalization proceedings pursuant to sections 18-212, 18-214, 66-322,
66-326, 66-329 or 66-409, Idaho Code, or who is under formal charge of having
committed, or is being detained under a conviction of, a serious crime, is
entitled:
    (1)  to be represented by an attorney to the same extent as a person
    having his own counsel is so entitled; and
    (2)  to be provided with the necessary services and facilities of
    representation (including investigation and other preparation). The
    attorney, services, and facilities and the court costs shall be provided
    at public expense to the extent that the person is, at the time the court
    determines need, unable to provide for their payment.
    (b)  A needy person who is entitled to be represented by an attorney under
subsection (a) is entitled:
    (1)  to be counseled and defended at all stages of the matter beginning
    with the earliest time when a person providing his own counsel would be
    entitled to be represented by an attorney and including revocation of
    probation;
    (2)  to be represented in any appeal;
    (3)  to be represented in any other post-conviction or post-commitment
    proceeding that the attorney or the needy person considers appropriate,
    unless the court in which the proceeding is brought determines that it is
    not a proceeding that a reasonable person with adequate means would be
    willing to bring at his own expense and is therefore a frivolous
    proceeding.
    (c)  A needy person's right to a benefit under subsection (a) or (b) is
unaffected by his having provided a similar benefit at his own expense, or by
his having waived it, at an earlier stage.