Public and Private Defense Attorneys
“Pretrial justice programs balance the scales of justice so that the working poor have as much of an opportunity to be productive citizens as the defendant who can buy his freedom pending trail. A defendant who is not in jail pending trial can provide critical and prompt assistance in the preparation of his defense while continuing to provide financial support to his family and maintaining family ties—ultimately which lessens the financial burden to taxpayers.”
Carlos J. Martinez, chief assistant, Law Office of Public Defender, Miami, Fla.
The job of a defender is to provide the best possible defense for his or her client. Research shows that individuals who are detained pending trial face worse outcomes for the same charges than similar individuals who are released pending court action. This is partly because detained individuals are under more pressure to plead guilty and partly because they are less able to participate in their own defense. Pretrial release programs that enable more people to be safely released pending court action enable defense attorneys to do a better job representing their clients. When a pretrial investigation is completed by a pretrial services agency staff person, it assists defenders in understanding their client. This information also allows defenders to argue for appropriate and reasonable conditions of release at the bail-setting hearing.
The following documents relate to this partner’s role in pretrial justice.