Any person entitled to counsel under the Constitution of the United States shall be so advised and if it is determined that the person is financially unable to retain counsel then counsel shall be provided upon order of the appropriate judge unless such person voluntarily and intelligently waives his right thereto. The fact that the accused may have previously engaged and partially paid private counsel at his own expense in connection with pending charges shall not preclude a finding that he is financially unable to retain counsel.
HISTORY: 1962 Code Section 17-281; 1969 (56) 374; 1977 Act No. 98 Section 2.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 3 - Defense Of Indigents
Section 17-3-10. Persons entitled to counsel shall be so advised; when counsel shall be provided.
Section 17-3-20. Appointment of counsel for indigents charged with murder; compensation.
Section 17-3-40. Creation of claim against assets and estate of person for whom counsel is provided.
Section 17-3-55. Carry-forward of unpaid obligations.
Section 17-3-110. Power of Supreme Court to establish rules and regulations.
Section 17-3-310. Commission created; appointment of members; terms; powers and duties.
Section 17-3-320. Office of Indigent Defense; executive director; appointment; duties.
Section 17-3-330. Duties of Office of Indigent Defense.
Section 17-3-340. Duties of commission.
Section 17-3-370. Appointment of counsel by court.
Section 17-3-520. Circuit public defender; qualifications; responsibilities.
Section 17-3-530. Chief county public defenders; responsibilities and duties.
Section 17-3-540. Maintenance and staffing of county public defender offices.
Section 17-3-560. Administration of funds.
Section 17-3-570. Administration of personnel.
Section 17-3-580. Public defenders; requirements as to employment.
Section 17-3-590. Office space and equipment.
Section 17-3-600. Existing contracts for providing indigent defense services.