(1) An indigent person who is being detained by a law enforcement officer, who is confined or is the subject of hospitalization proceedings pursuant to section 18-212, 66-322, 66-326, 66-329, 66-404 or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is entitled:
(a)  To be represented by an attorney to the same extent as a person having his own counsel is so entitled; and
(b)  To be provided with the necessary services and facilities of representation including investigation and other preparation. The attorney, services and facilities and the court costs shall be provided at public expense to the extent that the person is, at the time the court determines indigency pursuant to section 19-6011, Idaho Code, unable to provide for their payment.
(2)  An indigent person who is entitled to be represented by an attorney under subsection (1) of this section is entitled:
(a)  To be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled to be represented by an attorney and including revocation of probation;
(b)  To be represented in any appeal;
(c)  To be represented in any other post-conviction or post-commitment proceeding that the attorney or the indigent person considers appropriate, unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense and is therefore a frivolous proceeding.
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Terms Used In Idaho Code 19-6009

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Indigent person: means a person who, at the time his need is determined pursuant to section 19-6009, Idaho Code, is unable to provide for the full payment of an attorney and all other necessary expenses of representation. See Idaho Code 19-6002
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Serious crime: means any offense for which the penalty includes the possibility of confinement, incarceration, imprisonment, or detention in a correctional facility, regardless of whether actually imposed. See Idaho Code 19-6002
    • (3)  An indigent person’s right to a benefit under subsection (1) or (2) of this section is unaffected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage.