A. If a person who is being detained by a law enforcement officer, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is not represented by an attorney under conditions in which a person having his own counsel would be entitled to be so represented, the law enforcement officers concerned, upon commencement of detention, or the court, upon formal charge, as the case may be, shall clearly inform him of the right of a needy person to be represented by an attorney at public expense and, if the person detained or charged does not have an attorney, notify the district court concerned that he is not so represented.

B. Upon commencement of any later judicial proceeding relating to the same matter, the presiding officer shall clearly inform the person so detained or charged of the right of a needy person to be represented by an attorney at public expense.

C. If the district court determines that the person is entitled to be represented by an attorney at public expense, it shall promptly assign an attorney who shall represent the person in accordance with the terms of his assignment.

History: 1953 Comp., § 41-22-4, enacted by Laws 1968, ch. 69, § 61.

Legislative intent. — The legislature did not, in the Indigent Defense Act, provide that the state was to furnish free counsel for persons pursuing civil damage claims. Orrs v. Rodriguez, 1972-NMCA-148, 84 N.M. 355, 503 P.2d 335.

Act not violated. — There being no claim of indigency at the trial level, this section was the only portion of the act applicable to defendant's contention that he was denied counsel at arraignment, and where the record at arraignment disclosed defendant after pleading not guilty was advised that if he could not employ counsel within a week the court would appoint counsel, the act (Indigent Defense Act) was not violated. State v. Torres, 1970-NMCA-017, 81 N.M. 521, 469 P.2d 166, cert. denied, 81 N.M. 506, 469 P.2d 151.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 21A Am. Jur. 2d Criminal Law § 1197.

Duty to advise accused as to right to assistance of counsel, 3 A.L.R.2d 1003.

Duty of court to inform accused who is not represented by counsel of his right not to testify, 79 A.L.R.2d 643.

Right of motorist stopped by police officers for traffic offense to be informed at that time of his federal constitutional rights under Miranda v. Arizona, 25 A.L.R.3d 1076.

What constitutes "custodial interrogation" within rule of Miranda v. Arizona requiring that suspect be informed of his federal constitutional rights before custodial interrogation, 31 A.L.R.3d 565.

What constitutes assertion of right to counsel following Miranda warnings - federal cases, 80 A.L.R. Fed. 622.

What circumstances fall within public safety exception to general requirement, pursuant to or as aid in enforcement of federal Constitution's Fifth Amendment privilege against self-incrimination, to give Miranda warnings before conducting custodial interrogation - post-Quarles cases, 142 A.L.R. Fed. 229.