Sentencing. A defendant is entitled to the assistance of counsel before being sentenced to incarceration or probation for the collection of a fine, fee, court cost, state assessment, or restitution, unless there is a knowing, voluntary and intelligent waiver of the right to counsel.5 If the Court contemplates imposing incarceration or probation on an unrepresented defendant, or wishes to preserve its right to impose a jail sentence or probation in the future, the Court must conduct an indigence determination by using the Affidavit of ▇▇▇▇▇▇▇▇▇, and considering any other relevant factors, to evaluate whether the defendant is entitled to court-appointed counsel at no cost.
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Sources: Supplement to Stipulated Settlement Agreement, Settlement Agreement, Settlement Agreement
Sentencing. A defendant is entitled to the assistance of counsel before being sentenced to incarceration or probation for the collection of a fine, fee, court cost, state assessment, or restitution, unless there is a knowing, voluntary and intelligent waiver of the right to counsel.5 If the Court contemplates imposing incarceration or probation on an unrepresented defendant, or wishes to preserve its right to impose a jail sentence or probation in the future, the Court must conduct an indigence determination by using the Affidavit of ▇▇▇▇▇▇▇▇▇Indigence, and considering any other relevant factors, to evaluate whether the defendant is entitled to court-appointed counsel at no cost.
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