Presence of Defense Counsel

BailSetting

Recommendation

Jurisdictions should ensure that defense counsel is engaged prior to the initial appearance and is prepared to represent the defendant on the issue of bail.

Description

The Supreme Court in Gideon v. Wainwright, 372 U.S. 335 (1963), ruled that under the Fourteenth Amendment defendants were entitled to counsel in criminal cases. Additionally, in Rothgery v. Gillespie County, 554 U.S. 191 (2008), the U.S. Supreme Court ruled that the initial bail hearing is a critical stage in the criminal case because liberty is at stake. Defenders can use the pretrial risk assessment instrument to aid in their bail arguments at the initial appearance, to include offering rebuttal presumptions in cases where that is appropriate.

Resources

The Colorado Bail Book, A Defense Practitioner's Guide To Adult Pretrial Release - CCDI NACDL 2015
The CO Bail Book, A Defense Practitioner's Guide to Adult Pretrial Release - CCDI NACDL 2015.pdf
5.0 MiB

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841.6 KiB

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Kentucky Pretrial Release Manual - Kentucky Dept. of Public Advocacy
Kentucky Pretrial Release Manual - Kentucky Dept. of Public Advocacy 2013.pdf
1.7 MiB

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847.9 KiB

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North Carolina Defender Manual - 2013
North Carolina Defender Manual - 2013.pdf
287.3 KiB

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70.9 KiB

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354.1 KiB

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