First Appearance; Statement by Court; Public Defender Allowed

(a) At the time the defendant is brought before the court pursuant to § 45.10 or appears pursuant to a summons issued pursuant to Chapter 15 (commencing with § 15.10) or a notice to appear pursuant to § 25.20, the court shall inform the defendant; (1) of the complaint against him and of any affidavits filed therewith. (2) of his right to retain counsel. (3) of his right to request the assignment of counsel if he is unable to obtain counsel. (4) of the general circumstances under which he may secure his pretrial release. (5) of his right to prosecution by indictment, where such right is available. (6) of his right to a preliminary examination, where such right is available. (7) that he is not required to make a statement and that any statement made by him may be used against him. (b) If the defendant appears without counsel, the court shall ask him if he desires the assistance of counsel. If he desires counsel, the court shall inquire of him whether he is financially able to employ counsel and, if so, whether he desires to employ counsel of his choice or to have counsel assigned to him through the Public Defender Service Corporation. If he desires assignment of counsel, the court shall make such assignment. The court shall assign counsel at public expense if the defendant desires counsel and is financially unable to employ counsel. (c) The defendant shall not be called upon to plead, shall be allowed reasonable time and opportunity to obtain and consult with counsel, and shall be released in the manner and subject to the conditions provided by Chapter 40 (commencing with § 40.10). SOURCE: Subsection (b) amended by P.L. 38-048:3 (Aug. 18, 2025) effective October 1, 2025 pursuant to P.L. 38- 048:6. NOTE: Section 45.30 is based on the first Paragraph of Rule 5(c) of the Federal Rules of Criminal Procedure (as revised in 1972) and portions of former Rules 5 and 44 and former §§ 858-860. See also former § 987. See generally 8 Moore, Federal Practice § 5.03 (2d ed. 1974).