Sentencing. A defendant is entitled to the assistance of counsel before being sentenced to incarceration or probation for the collection of a fine, fee, court cost, state assessment, or restitution, unless there is a knowing, voluntary and intelligent waiver of the right to counsel.5 If the Court contemplates imposing incarceration or probation on an unrepresented defendant, or wishes to preserve its right to impose a jail sentence or probation in the future, the Court must conduct an indigence determination by using the Affidavit of Xxxxxxxxx, and considering any other relevant factors, to evaluate whether the defendant is entitled to court-appointed counsel at no cost.
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Samples: Supplement to Stipulated Settlement Agreement, Settlement Agreement, Settlement Agreement
Sentencing. A defendant is entitled to the assistance of counsel before being sentenced to incarceration or probation for the collection of a fine, fee, court cost, state assessment, or restitution, unless there is a knowing, voluntary and intelligent waiver of the right to counsel.5 If the Court contemplates imposing incarceration or probation on an unrepresented defendant, or wishes to preserve its right to impose a jail sentence or probation in the future, the Court must conduct an indigence determination by using the Affidavit of XxxxxxxxxIndigence, and considering any other relevant factors, to evaluate whether the defendant is entitled to court-appointed counsel at no cost.
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