2012 -- NATIONAL LEVEL
Douglas L. Colbert
ABSTRACT & CITATION
This article argues that zealous representation at initial bail hearings is crucial, and that the criminal defense bar must take a proactive approach to protecting defendants’ liberty at this stage. Very few states and counties guarantee counsel at the initial hearing. According to the author – who especially addresses members of the National Association of Criminal Defense Lawyers (NACDL) – representation at the first stage is a component of the constitutional right to counsel recognized in Gideon. The pivotal role of the defender at the preliminary hearing is illustrated in this piece by examples gathered by student observers in Baltimore County, Maryland. The author acknowledges the challenges faced by criminal defense attorneys in general and by public defenders in particular. He then offers specific guidance on how representation at bail hearings may be improved through courtroom advocacy, professional collaboration, and systemic reform.
Colbert, Douglas L. (2012). When the Cheering (for Gideon) Stops: The Defense Bar and Representation at Initial Bail Hearings. The Champion, June 2012, 10-14.Topics: Caseloads, Experts, Funding, Investigation, Misdemeanors, Pro Bono, Pro Se, Supervision, Support Services, Training
Last revised: June 12, 2015 2:11 pm