Appointment of Counsel for Misdemeanor and Petty Offenses.

U.S. District Court for the District of Hawaii

Rule Set: Local Rules of the U.S. District Court for the District of Hawaii

Rule: 44.4

Jurisdiction: DHI

Bluebook Citation: D. Haw. L. Crim. R. 44.4

All Rules: D. Haw. Local Criminal Rules, complete index


Text

The court must provide a court-appointed attorney to an indigent person who is charged with: (a) A Class A misdemeanor (defined as any offense, including violations of state or local law charged under the Assimilated Crimes Act, that is punishable by a term of imprisonment of one year or less but more than six months); (b) A petty offense (a Class B or C misdemeanor or an infraction for which a sentence of imprisonment is authorized, including violations of state or local law charged under the Assimilated Crimes Act). 30 If the court determines that no sentence of imprisonment will be imposed in the event of conviction, however, the court may provide a court-appointed attorney to an indigent person who is charged with a petty offense under federal, state, or local law, if it determines that the interest of justice so requires.

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