Right to Counsel; Appointment in

Specific Instances A person who is charged with an offense pun- ishable by imprisonment, or who is charged with violation of probation, or who is a petitioner in any habeas corpus proceeding arising from a criminal matter, or who is accused in any extradition pro- ceeding, and who is unable to obtain counsel by reason of indigency shall be entitled to have coun- sel represent him or her unless: (1) The person waives such appointment pursu- ant to Section 44-3; or (2) In a misdemeanor case, at the time of the application for the appointment of counsel, the judicial authority decides to dispose of the charge without subjecting the defendant to a sentence involving immediate incarceration or a suspended sentence of incarceration with a period of proba- tion, or it believes that the disposition of the charge at a later date will not result in such a sentence and it makes a statement to that effect on the record. If it appears to the judicial authority at a later date that if convicted the defendant will be subjected to such a sentence, counsel shall be appointed prior to trial or the entry of a plea of guilty or nolo contendere. (P.B. 1978-1997, Sec. 959.)