Brief filed: 02/28/2025
Documents
Farella v. Anglin
8th Circuit Court of Appeals; Case No. 24-2914
Prior Decision
Decision below Farella v. Anglin, No. 5:22-cv-05121-TLB (W.D. Ark. 2024)
Argument(s)
The Sixth Amendment guarantees indigent defendants the right to counsel at bail determinations, which constitute a critical stage of prosecution. Without legal representation, defendants are unable to effectively advocate for their release, leading to unfair bail decisions, unnecessary incarceration, and the collateral consequences of pretrial detention, including job loss, family separation, and increased pressure to plead guilty. Thirty jurisdictions (27 states, D.C., and two U.S. territories) mandate counsel at first appearances, recognizing that attorney representation results in more just pretrial outcomes. Benton County, Arkansas, lags behind these national best practices and should ensure that defendants have access to counsel at Rule 8.1 hearings.
Author(s)
Troy V. Viger, Adam H. Charnes, and Gia L. Cincone, Kilpatrick Townsend & Stockton LLP
