Assume that an indigent criminal defendant has been charged with simple battery of another person. The maximum sentence in this jurisdiction is 30 days incarceration

Question

At the trial, the indigent defendant was not represented by counsel and no inquiry had occurred concerning whether he wanted to be represented. With reference to punishment, and based on the assumption that the indigent defendant has not waived the right of counsel, the trial judge may
A) not impose any monetary fine because the indigent has insufficient funds with which to pay.
B) impose either incarceration or a fine or both since the fact that the indigent was not represented by counsel at trial does not limit any penalty the judge might wish to impose.
C) impose any level of fine consistent with the level allowed by state law.
D) impose any sentence within the statutorily-allowed 30 days in accordance with state law.
E) none of the above is a correct statement.

Answer 1

C