May counsel be appointed pending a determination of prior record?

No. Without evidence of four or more prior convictions, the defendant is not entitled to counsel (unless an exception applies). A practice of appointing counsel in Class 3 misdemeanor cases pending a determination of prior convictions would undermine the General Assembly’s intent, as it would effectively allow appointment for all Class 3 misdemeanors. IDS’s policy states that it is not authorized to compensate an attorney appointed to represent a defendant on a Class 3 misdemeanor unless the court has determined that the defendant has four or more prior convictions (or one of the exceptions for appointment applies).