South Carolina Code of Laws
Chapter 3 - Defense Of Indigents
Section 17-3-10. Persons entitled to counsel shall be so advised; when counsel shall be provided.

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

South Carolina Code of Laws

Title 17 - Criminal Procedures

Chapter 3 - Defense Of Indigents

Section 17-3-5. Definitions.

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 17-3-30. Affidavit of inability to employ counsel; payment of indigent's assets to state; application fee; waiver or reduction of fee; disposition of fee revenues; fund for screening applicants.

Section 17-3-40. Creation of claim against assets and estate of person for whom counsel is provided.

Section 17-3-45. Affidavit of assets of persons seeking appointed counsel; application fee; claim against assets and estate of person provided counsel.

Section 17-3-50. Determination of fees for appointed counsel and public defenders; maximum amounts; authorization to exceed maximum; payment for certain services.

Section 17-3-55. Carry-forward of unpaid obligations.

Section 17-3-80. Appropriation for expenses of appointed private counsel and public defenders; restrictions and limitations.

Section 17-3-85. Fiscal year-end disposition of unexpended appropriations for payment of private appointed counsel for counties without public defender corporations.

Section 17-3-90. Vouchers for payment for services by private appointed counsel and for reimbursement of expenses; approval and submission for payment.

Section 17-3-100. Discretionary authority of judge to appoint counsel is not limited; remuneration and reimbursement.

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 17-3-350. Immunity.

Section 17-3-360. Division of Appellate Defense created; administration and staffing; duties and responsibilities.

Section 17-3-370. Appointment of counsel by court.

Section 17-3-380. Funding.

Section 17-3-510. Circuit Public Defender Selection Panel; county representation; nomination of Circuit Public Defender; election by the Commission on Indigent Defense.

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 17-3-550. Funding.

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.