Can a municipal court judge deny an indigent defendent a court-appointed attorney? And if the judge does, what can be done about it?

If the infraction is not one that results in jail time, then there is no right to counsel. If the offense is a misdemeanor, the constitutional right to counsel applies only if imprisonment is actually imposed.

You don’t get an attorney for traffic violations or littering. Class C criminal trespass is something like hanging out in a parking lot.

Thanks for the excellent and timely answer.

But, what if the charge is bogus? And, what if a judge denied a court appointed attorney in a more serious charge than a class-C misdemeanor?

I know this is now hypothetical. But I’d still like to know what could be done.

If the defendant could receive a sentence of imprisonment he must be provided legal counsel if he meets the low-income criteria.

Thanks—I don;t know how you dredged this question up after all this time, but that’s what I have been told since then—only if facing jail time is a court-appointed attorney granted.

The question says it was a month ago when asked, but actually this was December, 2017. The second court appearance was in January, 2018. The defendant just pled guilty and paid a fine.