Beyond Guilt and Innocence: Why Effective Criminal Defense Representation Cannot Start and Stop at the Court House Steps

• In Event: Legal Services for the Indigent: Attorneys and Their Work

Abstract

My presentation seeks to examine, from the perspective of an urban Public Defender, the potential impact of a criminal record a simple arrest for minor shoplifting on someone in a culturally vulnerable position. This centers around one client who, though her record was significant, was getting by decently. One morning, she walked into a drug store where she was known from the past; the owner called the police (although nothing was stolen). She was taken to court, charged with shoplifting, and then cash bail was set, based on her record. In the ten days she spent in jail, she missed an appointment for her food stamps (which she then lost), and lost her spot in a shelter. When she was released, she had to live on the street--so when the local childrens’ service agency checked, her son was taken from her because she “lacked a stable home environment.” Now, she is trying to fight her case while obtaining housing and getting her son returned. Even if she wins at trial, nothing can undo this harm she has suffered simply from the arrest.

This case is one example but is by no means extraordinary. It reflects many of the struggles that many public defender clients are facing on one level or another. This explains that beyond guilt or innocence, many cases deal much more with struggles outside the courtroom.

Author

• Alex Perlin, Brooklyn Defender Services