Counsel at First Appearance in Court: Defense Lawyers' Roles in Pretrial Justice

• In Event: NIJ's Research on Indigent Defense

Abstract

In 2008, the Supreme Court established in Rothgery vs. Gillespie County that a defendant's right to counsel in criminal cases begins with the first court appearance at which he is advised of charges against him. Advocates argue that when defendants are unrepresented by counsel at this critical early point, they face significant disadvantages as their cases unfold, disadvantages that may have a cumulative effect on case outcomes. This paper, based on research funded by the National Institute of Justice, examines the impact of six upstate New York counties’ programs designed to ensure legal representation at arraignments. Using data coded from court cases disposed before and after CAFA programs were implemented, supplemented by court observation and interviews, we assess the impact of CAFA on arraignment and pretrial release decisions, time spent by defendants in jail, early engagement of pretrial services, time to dispositions, and characteristics of dispositions (pleas to reduced charges, sentences, and post-conviction supervision).

Author

• Alissa Pollitz Worden, University at Albany-SUNY