State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-603

§15A‑603.  Assuring defendant's right to counsel.

(a)        The judge mustdetermine whether the defendant has retained counsel or, if indigent, has beenassigned counsel.

(b)        If the defendant isnot represented by counsel, the judge must  inform the defendant that he hasimportant legal rights which may be waived unless asserted in a timely andproper manner and that counsel may be of assistance to the defendant inadvising him and acting in his behalf. The judge must inform the defendant ofhis right to be represented by counsel and that he will be furnished counsel ifhe is indigent. The judge shall also advise the defendant that if he isconvicted and placed on probation, payment of the expense of counsel assignedto represent him may be made a condition of probation, and that if he isacquitted, he will have no obligation to pay the expense of assigned counsel.

(c)        If the defendantasserts that he is indigent and desires counsel, the judge must proceed inaccordance with the provisions of Article 36 of Chapter 7A of the GeneralStatutes.

(d)        If the defendant isfound not to be indigent and indicates that he desires to be represented bycounsel, the judge must inform him that he should obtain counsel promptly.

(e)        If the defendantdesires to waive representation by counsel, the waiver must be in writing inaccordance with the provisions of Article 36 of Chapter 7A of the GeneralStatutes except as otherwise provided in this Article. (1973,c. 1286, s. 1; 1981, c. 409, s. 1.)