When Attorneys Are Absent: The Impact on Bond and Jail Time

Nov 18, 2024 at 7:59 PM
When it comes to the legal system, having an attorney by one's side can make a significant difference. In Rogers, Attorney Allison Lee of Norwood & Norwood emphasizes the consequences when people lack legal representation. She often witnesses cases where those without an attorney end up with higher bonds and longer stays in jail. The courtroom itself is an intimidating environment, and facing a judge alone can be even more terrifying.

Advocacy in the Courtroom

When defendants don't have someone to advocate for them, whether due to mental illness or discomfort speaking to a judge, their bond amounts tend to be higher. Lee's law firm represents Abigail Farella and Logan Murphy in their lawsuit against Benton County Judge A.J Anglin. The judge's ruling in their favor stated that public defenders were offered only after the first hearing, which is the standard procedure in the county. For many of these individuals, there was no evidence suggesting they wouldn't appear in court, yet they were held on low-level offenses with high bonds and no means of getting out.Gregg Parish, the head of the Arkansas Public Defender Commission, is named in the lawsuit. He ensures that defendants have attorneys in Judge Anglin's courtroom since the ruling. While it's only required in that one courtroom, Parish acknowledges the challenge of enforcing it statewide.The Arkansas Advisory Committee to the US Commission on Civil Rights recently released a federally funded study highlighting the need for more public defenders in Arkansas. They observed that some public defenders are overworked with cases and see people appearing before judges without proper representation.Robert Steinbuch, the head of the committee, emphasizes the complexity and cost of providing public defenders. It's not an easy or inexpensive task, and it may not always be politically favorable. However, he also points out the potential savings if fewer people are in jail.Initially, getting additional public defenders for hearings might cost money, but in the long run, if fewer people are incarcerated, it will save Benton County and the state money.A federal judge sided with the plaintiffs, but Judge Anglin has appealed the ruling to the 8th Circuit. Judge Anglin declined to comment on the matter.In conclusion, the absence of an attorney can have far-reaching consequences in the legal system. Ensuring that defendants have proper legal representation is crucial for a fair and just process.