Improve Funding for Effective Indigent Defense Delivery Models
Background Key Findings Solutions
Defendants often do not realize that if they cannot afford to hire a lawyer, they are entitled to a court-appointed lawyer for any offense punishable by confinement in jail or prison – even if the charge is a misdemeanor. Other defendants request court-appointed representation but never receive it, increasing the risk of wrongful convictions and undermining public confidence in the criminal justice system.
In order to best ensure that defendants knowledgeably navigate the criminal justice system, their ability to obtain court-appointed representation must be clear, and representation must occur quickly in the process – prior to plea negotiations or arraignment proceedings. Defendants who pass through the system alone face many barriers:
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They are exposed to a greater risk of wrongful convictions, leaving the public at continued risk from the true perpetrators of crimes.
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Because they often do not understand the charges against them – or their possible defenses or sentencing alternatives – they are more likely to receive longer prison sentences, costing taxpayers money and contributing to Texas’ prison over-crowding crisis.
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They are at much higher risk of harsher probation terms and probation revocation (another contributor to jail and prison over-crowding) because they are untrained in the law.
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These defendants may accept convictions for jailable misdemeanors that do not actually result in confinement in jail or prison, not realizing the serious consequences that follow – including loss of employment, housing, and the right to operate a motor vehicle, according to federal and state law.
One way to assist defendants in seeking qualified representation is through the establishment and expansion of county public defender officers, through which attorneys provide legal services to indigent citizens who are otherwise unable to afford representation. Performance data produced by the state’s long-standing public defender programs demonstrate cost and quality benefits for areas that use public defenders: counties can more cost-effectively and justly handle high-volume caseloads, and they are better equipped to provide specialized services to vulnerable classes of defendants, such as the mentally ill or youth.[i] Both current and new public defender offices require support from the state to ensure long-term success.
[i] “Evidence for the Feasibility of Public Defender Offices in Texas,” Task Force on Indigent Defense, November 2006, www.courts.state.tx.us/tfid/pdf/PD%20Feasibility_Final.pdf.