If a defendant who requests a trial is indigent, the court is required to appoint an attorney to represent the defendant in all instances.

• A. True
• B. False
• C. Only for felonies
• D. Only if the defendant requests

Answer: (B)

The essential idea is that the right to appointed counsel for an indigent defendant depends on the potential punishment, not simply on the fact that a trial is requested. Gideon v. Wainwright guarantees counsel for indigent defendants in felony prosecutions. Argersinger v. Hamlin extends that to misdemeanors only when imprisonment could be imposed. Scott v. Illinois then clarifies that in petty offenses where no imprisonment is possible, there is no right to appointed counsel. So, if the charge carries no possible jail time, the court isn’t required to appoint an attorney, even if the defendant asks for a trial. The statement that counsel must be appointed in all instances is therefore false.