Appointment of Counsel and Dismissal at Arraignment in Misdemeanor Cases

• In Event: Data in Indigent Defense: Non-representation and Waiver of Counsel

Abstract

How do case outcomes differ when defendants obtain representation by counsel before their arraignment in misdemeanor court? Early access to legal assistance should give defendants a better opportunity to seek dismissal of their case. Not only would such early identification help defendants, it would contribute to the efficient running of courts, saving government resources that would otherwise be dedicated to courtroom, jail, and prosecution costs. In this study, we investigated whether early representation by counsel was correlated with early dismissal of defendants’ cases using observational data from two Texas counties.

Authors

• Andrew L. Davies, Deason Criminal Justice Reform Center, SMU Dedman School of Law

• Shelby Sirivore, Deason Criminal Justice Reform Center, SMU Dedman School of Law