Presence of Defense Counsel
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.
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.
The CO Bail Book, A Defense Practitioner's Guide to Adult Pretrial Release - CCDI NACDL 2015.pdf
Don't I Need a Lawyer - Constitution Project 2015.pdf
|Author:||The Constitution Project National Right to Counsel Committee|
|Date:||March 19, 2015|
Kentucky Pretrial Release Manual - Kentucky Dept. of Public Advocacy 2013.pdf
|Date:||September 28, 2013|
Early Appointment of Counsel - 6AC_PJI 2014.pdf
NACDL Pretrial Resolution (7-2012).pdf
|Date:||July 28, 2012|
ACCD Pretrial Release Policy Statement June 2011.pdf
|Date:||June 4, 2011|