When any person shall be charged with a felony, misdemeanor punishable by confinement for ninety (90) days or more, or commission of an act of delinquency, the court or the judge in vacation, being satisfied that such person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel to defend him.
Such appointed counsel shall have free access to the accused who shall have process to compel the attendance of witnesses in his favor.
The accused shall have such representation available at every critical stage of the proceeding against him where a substantial right may be affected.