What is happening in Williamson County's misdemeanor court system?
|
What should happen?
- Defendants should have their constitutional rights explained to them.
- Defendants should have an opportunity to ask for a court appointed attorney.
- Defendants should receive a decision on their requests for a court-appointed lawyer within two days after submitting a request at magistration.
|
What actually happens?
- Defendants are discouraged from exercising their right to counsel.
- Defendants are advised to wait months until their arraignment to request a lawyer.
|
|
What should happen?
- Elements of a criminal charge should be clearly explained to defendants.
- Defendants should be advised of all of their rights, especially the right to a lawyer.
- If a defendant requests an attorney, he or she should be given an opportunity to provide evidence of their income and eligibility for a court-appointed lawyer.
|
What actually happens?
- Defendants are encouraged to speak to prosecuting attorneys in order to "resolve cases quickly" without help from a defense lawyer
- Court officials do not accurately explain the right to an appointed lawyer and make statements discouraging defendants from requesting a defense lawyer.
- Defendants who request an appointed lawyer often are ordered to hire an attorney, sometimes before the judge reviews information to decide whether they can afford an attorney.
|
Eligibility Hearing For Appointed Attorney |
What should happen?
- The court should consider the following factors to determine if you are indigent: your income and the source of that income, your assets, any property you own, your mandatory obligations and necessary expenses, the number and ages of your dependents, and available income from your husband/wife.
|
What actually happens?
- Judges often consider inappropriate factors such as age, health, and marital status. Often judges order unemployed (even homeless) defendants to find work, save money to hire a lawyer, and hire their own defense lawyers, all within a matter of weeks. Defendants are told that they will be sent to jail if they do not comply with this order.
|
Definition of Terms
Magistration: Preliminary hearings in criminal cases to determine if there is enough evidence presented by the prosecution to hold the accused for trial.
First Appearance/Arraignment: The hearing in which a person charged with a crime is appears before a judge and pleads guilty or not guilty to the charged offense.
Elements of a Criminal Charge: Each cause of action (trespass, assault, etc.) is made up of a basic set of elements which must be alleged and proved by the court. Each charge of a criminal offense requires allegation and proof of its elements.
Court Officials: Virtually every court official who speaks to defendants at First Appearance/ Arraignment (Bailiffs, Representatives from the County Clerk's Office, Representatives from the Probation Office, the Court Clerk, and the Judge) makes statements which discourage defendants from requesting court appointed lawyers.
|
