Does Section 987, subdivision (a) of the California Criminal Code apply to a defendant in a non-capital criminal case?

California, United States of America


The following excerpt is from People v. Castillo, 233 Cal.App.3d 36, 284 Cal.Rptr. 382 (Cal. App. 1991):

Section 987, subdivision (a) requires that, in a noncapital case, "if the defendant appears for arraignment without counsel, he shall be informed by the court that it is his right to have counsel before being arraigned, and shall [233 Cal.App.3d 55] be asked if he desires the assistance of counsel. If he desires and is unable to employ counsel the court shall assign counsel to defend him." The right to be represented by counsel at a criminal trial is fundamental (Gideon v. Wainwright (1963) 372 U.S. 335, 340, 83 S.Ct. 792, 794, 9 L.Ed.2d 799), and, as such, it requires appointment of counsel when an attorney is permitted to, or is required to withdraw at a post-arraignment stage of the proceedings. (See, e.g., People v. Lucev (1986) 188 Cal.App.3d 551, 556, 233 Cal.Rptr. 222.)

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