If the court later obtains evidence that the defendant has four or more prior convictions, may the court appoint counsel and impose a sentence greater than a fine?

Yes, if timely. The evidence would have to be presented, and the appointment decision made, before commencement of trial or acceptance of a guilty plea, when jeopardy attaches. After jeopardy attaches, the court may not start the proceedings over again to appoint counsel. And, appointing counsel for purposes of sentencing, after trial or plea, would not cure the earlier absence of counsel.

Before attachment of jeopardy, the court may consider additional evidence of the defendant’s prior record and reconsider appointment of counsel, subject to speedy trial and due process protections against undue delay in prosecution of the case. Due process as well as Sixth Amendment concerns also may require a continuance for newly appointed counsel to consult with the client and determine how to proceed.

Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration