tag:blogger.com,1999:blog-8597101.post116732518595756915..comments2024-03-15T05:45:01.402-05:00Comments on Grits for Breakfast: Powerful bond lobby prevents better indigent defense solutionsGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-8597101.post-1167505840553899202006-12-30T13:10:00.000-06:002006-12-30T13:10:00.000-06:00If a guilty guy can scrounge up $150 to get out o...If a guilty guy can scrounge up $150 to get out of jail, then he should use it to pay the lawyer $150 to plead him guilty so he can get his probation and get out of jail.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1167431047242727962006-12-29T16:24:00.000-06:002006-12-29T16:24:00.000-06:00Wonder why judiciary in Harris County have never b...Wonder why judiciary in Harris County have never been taken to task for violating law about posting bail and the appointment of indigent defense counsel? It is common practice at the Harris County Criminal Courthouse for defendants that have secured their release on bail - cash bail, surety bond, personal bond, or property bond - that do not have "hired" defense counsel to routinely have their bail revoked. Judges and their court staff are often overheard advising defendants and their families and friends that if you posted bail you can "hire" an attorney. If a defendant on bail advises the court that he can not hire legal counsel then the defendant is often advised he will be jailed for failing to hire legal counsel. Appointed counsel is regularly only available for those defendants detained, especially those charged with misdemeanor offenses. I certainly wish someone would just make the rounds at this courthouse and report on what is actually occurring and its legality.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1167423393045811262006-12-29T14:16:00.000-06:002006-12-29T14:16:00.000-06:00Sorry Scott, my sarcasm was misdirected, I know I ...Sorry Scott, my sarcasm was misdirected, I know I preach to the choir.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1167408169135884962006-12-29T10:02:00.000-06:002006-12-29T10:02:00.000-06:00And, 123(nicepiccutiepieareyoufor real)txpd is pre...<I>And, 123(nicepiccutiepieareyoufor real)txpd is pretty much right on target. (okay, I am a male chauvinist pig but I do appreciate beauty) </I><BR/><BR/>Ha! I wish. That pic is my alter-ego, Veronica Mars. She is both prettier and smarter than me.123txpublicdefender123https://www.blogger.com/profile/16074278445586583355noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1167404569617556402006-12-29T09:02:00.000-06:002006-12-29T09:02:00.000-06:00"You mean like routinely paying an attorney substa..."You mean like routinely paying an attorney substantially more for a guilty plea than for a dismissal?"<BR/><BR/>Uh, no, just the opposite - I prefer economic incentives that compel folks to comply with the interests of justice instead of thwarting them. If dismissals were paid more than pleas, for example, that would be an example of an economic incentive that protected defendants' rights.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1167402293446101872006-12-29T08:24:00.000-06:002006-12-29T08:24:00.000-06:00"I like the idea of a system that uses economic in..."I like the idea of a system that uses economic incentives to compel its actors to comply. "<BR/><BR/><I>You mean like routinely paying an attorney substantially more for a guilty plea than for a dismissal?</I>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1167348420770832572006-12-28T17:27:00.000-06:002006-12-28T17:27:00.000-06:00And, 123(nicepiccutiepieareyoufor real)txpd is pre...And, 123(nicepiccutiepieareyoufor real)txpd is pretty much right on target. (okay, I am a male chauvinist pig but I do appreciate beauty)"Major" Morihttps://www.blogger.com/profile/08182065360609364477noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1167348249186387162006-12-28T17:24:00.000-06:002006-12-28T17:24:00.000-06:00What I meant is that they can't post bond and hire...What I meant is that they can't post bond and hire a lawyer (too expensive), and can't both post bond and get an appointed lawyer because the judges won't let them."Major" Morihttps://www.blogger.com/profile/08182065360609364477noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1167348076198651632006-12-28T17:21:00.000-06:002006-12-28T17:21:00.000-06:00A system which requires that defendants who can po...A system which requires that defendants who can post a bond not be eligible for counsel has got to be oppressive and unconstitutional. I have run into that issue and it is very troubling to have to try to hire a lawyer and post bond with small amounts of cash. The system simply is not working in Texas. For most people life is over when they hit the county jail and can't bond out if they are accused and facting significant jail time (cases with mandatory minimum sentences for instance). So is the case, because no work, no pay, no lawyer. But most people don't make enough to hire a lawyer to do them any good even if they are out. So they stay in and get indigent counsel and get screwed just as badly. If lawyers and bonds were priced reasonably, and you could stay out on bond and hire a reasonably priced lawyer a lot of guys would have a fighting chance. As it stands now, they don't because they can't both post the bond and hire a lawyer."Major" Morihttps://www.blogger.com/profile/08182065360609364477noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1167330609051521272006-12-28T12:30:00.000-06:002006-12-28T12:30:00.000-06:00Sister, you're bringing me down. :-(I fear you're ...Sister, you're bringing me down. :-(<BR/><BR/>I fear you're exactly right, though, certainly on the DAs incentive (I'd like to learn more about the chargeback issue with the judges' budgets).<BR/><BR/>Good to hear from you. Hope the new year finds you well.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1167329729771919132006-12-28T12:15:00.000-06:002006-12-28T12:15:00.000-06:00I hesitate to bring this up, but I feel it's somet...I hesitate to bring this up, but I feel it's something out there that few people seem to be willing to admit. A lot of players in the criminal justice system like the fact that defendants can't bond out of jail. Why? Because it gets them to plead guilty instead of demanding a jury trial. In serious felony cases where the defendant is looking at prison time, the incentives aren't as clear, but in misdemeanor cases, there is overwhelming pressure to plead guilty just to get out of jail. And if even 20% of those misdemeanor defendants demanded a jury trial, you would see caseload backlogs like you wouldn't believe. Think about it. If you are too poor to post a $500 or $1000 bond (which generally means you, friends, and family can't come up with $50-150 for a bondsman or the full amount in cash), and you are told that you can plead guilty and get out today or tomorrow, or you can demand a jury trial and wait anywhere from 2-5 weeks for a trial, which are you going to choose? Assuming you are guilty and more likely than not to lose at trial, you almost certainly will choose to plead guilty and get out today. That may not be a bad thing, many will say, since you are guilty. Fine. But what about the innocent or those who have at least a 50/50 chance of acquittal at trial? If you are on bond, and can keep working, and paying your rent, and spending time with your family, while you wait for a trial, you are much more likely to demand a trial than if you are in jail, face the real possibility of losing your job, your housing, of having your social security check cut off, etc. And the fact is that courts depend on a huge percentage of defendants pleading guilty in order to function. There is no way they could continue with the number of courts and prosecutors they have now if even 20% more of those defendants chose to demand a jury trial. So, you've got at least two participants in the system (judges and prosecutors) who have at least some incentive in keeping pre-trial misdemeanor defendants in jail (the judges incentive is a bit more complicated than the prosecutors in that some counties charge back against individual judges' budgets for defendants sitting in jail on charges out of their courts), and some would argue that appointed counsel, who already face perverse incentives in getting clients to plead (you often get paid way more per hour of work for a plea than for a trial), also like the fact that a jailed client is not only more likely to plead, but more likely to plead the first day you meet them.123txpublicdefender123https://www.blogger.com/profile/16074278445586583355noreply@blogger.com