If the defendant desires counsel for his or her initial appearance but is unable to obtain it, what shall the court do?

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In situations where a defendant expresses the desire for legal counsel during their initial appearance but is unable to secure an attorney, the proper course of action for the court is to approve the request for the purposes of that hearing. This ensures that the defendant’s right to counsel is respected, allowing them to understand the proceedings and adequately represent their interests, even if only temporarily.

Providing approval for the request acknowledges the importance of legal representation in ensuring a fair process. While the court can take steps to address the status of the defendant's legal counsel, the immediate priority is to facilitate the defendant's participation in the hearing without unnecessary delays or complications.

Postponing the hearing may lead to prolonging the legal process, which could be detrimental and does not guarantee the presence of counsel for the initial appearance. Additionally, simply providing a public defender without approval might not take into account the nature of the defendant's request or the specifics of the case at hand. Dismissing the case outright would be an extreme measure and not appropriate just because of a lack of counsel.

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