Initial Appearance

(a) Generally. Every person in custody and not under indictment shall be taken, without unnecessary delay and in accordance with Rule 5.1, before a judge for an initial appearance. At the defendant’s initial appearance, the judge shall: (1) ascertain the defendant’s true name, age, and address, and amend the formal charge if necessary to reflect this information, instructing the defendant to notify the court promptly of any change of address; 21 (2) inform the defendant of the charges and provide the defendant with a copy of the charging affidavit; (3) if the arrest has been made without a warrant, determine whether there was probable cause for the arrest and note the probable cause determination for the record. If there was no probable cause for the warrantless arrest, the defendant shall be released; (4) if the defendant is unrepresented, advise of the right to assistance of an attorney, and that if the defendant is unable to afford an attorney, an attorney will be appointed as required by law. is unrepresented and desires If representation, counsel shall be appointed pursuant to Rule 7.2,