The Sixth Amendment to the U.S. Constitution provides that "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defense." The Sixth Amendment is applicable to the states through the 14th Amendment, and states have their own constitutional provisions guaranteeing the right to counsel in criminal prosecutions.
If a person is indigent and cannot afford counsel, one will be appointed at either no expense or for a nominal fee. However, the right to counsel may not apply, to either those with money or the indigent, if the offense is a minor one that does not carry the possibility of jail time. In 1979, the U.S. Supreme Court held that the constitutional right to counsel applies only if actual imprisonment is a penalty.
Arizona, where you are from, is one of the states that limit appointment of counsel to crimes which carry a possible penalty of imprisonment, unless the court finds that the interests of justice in a particular case requires counsel to be appointed.
The Arizona state construction provides "In criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel..." But the Arizona rules of Criminal Procedure state that a defendant is entitled to be represented by counsel in any criminal proceeding, unless the charged offense is a petty offense such as a traffic violation where there is no prospect of imprisonment or confinement if the person is found guilty.
Similarly, Arizona's procedural rules provide that an indigent defendant is entitled to appointed counsel in any criminal proceeding where the punishment could result in a loss of liberty and in any other criminal proceeding if the court concludes that the interests of justice require the appointment of counsel.
So, if the offense with which you are charged does not provide for a loss of liberty upon conviction, you are not likely to have counsel appointed for you, even if you are indigent.
Answered on Aug 13th, 2010 at 12:10 AM