Coalition letter to Governor Greg Abbott, of Texas, regarding his executive order (GA-13) refusing to allow release of inmates from state detention facilities during the COVID-19 pandemic.

Coalition letter in support of Virginia Pretrial Data Transparency Bill, HB 2121/SB 1687. NACDL is a signatory.

NACDL urges all states and U.S. territories to adopt such constitutional provisions, laws or regulations necessary to guarantee that every accused person, irrespective of financial capacity to engage counsel, shall be guaranteed counsel at the first appearance before a judicial officer at which liberty is at stake or at which a plea of guilty to any criminal charge may be entered. ............

Despite assurances that “[i]n our society liberty is the norm, and detention prior to trial . . . the carefully limited exception,” over 75% of those detained in local jails have not been convicted of a crime.  Two-thirds of state pretrial populations are held for non-violent offenses, and the racial disparities which plague the criminal legal system are especially pronounced in pretrial decisions.  With pretrial decisions having substantial, long-term case impacts, the uses and abuses of pretrial detention erode the presumption of innocence and destroy any sense of justice. 

Review Texas pretrial statutes, case law, and practices, and gain new insights and practice points, in order to best advocate for your client. [Released May 2020]

NACDL's work on pretrial advocacy in Wisconsin highlighted by the publication of the Wisconsin Bail Manual. [Released October 2018]

NACDL's work on pretrial advocacy in New Jersey highlighted by the publication of the New Jersey Bail Manual.  [Released December 2016]

NACDL's work on pretrial advocacy in Harris County, Texas highlighted by the publication of the Harris County Bail Manual.  [Released December 2018]

NACDL's work on pretrial advocacy in Colorado induding the publication of the Colorado Bail Manual. [Released September 2015]

Find training materials and resources to assist attorneys in providing high quality representation as part of the Texas Counsel At First Appearance (CAFA) Project.

Presented by Bonnie Hoffman, Director of Public Defense Reform and Training, NACDL

Supported by a grant awarded by Arnold Ventures to the Access to Justice Lab at Harvard Law School and the Public Policy Research Institute at Texas A&M University

The use of risk assessment instruments (RAIs) in the pretrial context is the subject of ongoing debate. Often seen as a way to address flaws in the current pretrial system including excessive reliance on money bail and the disproportionate impact on people of color, concerns exist that these instruments may actually exacerbate and amplify existing disparities in pretrial decision making.

Presented by Bonnie Hoffman, Director of Public Defense Reform and Training, NACDL

Supported by a grant awarded by Arnold Ventures to the Access to Justice Lab at Harvard Law School and the Public Policy Research Institute at Texas A&M University

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Plaintiff

Argument: Texas Governor Greg Abbot’s Executive Order GA-13 of March 29, 2020 seeks to order that Texas judges may not release persons to personal bonds where the person has previously been convicted of a crime that involves physical violence or the threat of physical violence or of a person currently arrested for such a crime; that is supported by probable cause. Leaving aside the vague terms of this executive order, it encroaches on the function of the courts to determine whether persons should be released on personal bond, whether they should be released on electronic monitoring, or should be released on a cash or surety bond with conditions. It does not prohibit release of this same class of described persons on cash or surety bail. Therefore, it appears to place restrictions for release on the poor over those for those of greater means without any rational relationship to a distinguishing important governmental purpose. Thus, those previously convicted of the defined crimes or currently charged with those crimes can obtain release; while those without the economic means to post a cash or surety bail cannot obtain release. Under the circumstances presented by the COVID 19 pandemic and the Texas Criminal justice system, GA 13 violates the separation of powers, interferes with judicial independence, violates equal protection and due process of law, and constitutes cruel and unusual punishment for those who cannot afford cash or surety bail who otherwise qualify for release on personal bond. 

Presented by Jani Maselli Wood, Appellate Division Chief, Harris County (TX) Public Defender's Office; Sarah V. Wood, Assistant Public Defender, Appellate Division, Harris County (TX) Public Defender's Office; and Jennifer Gaut, criminal defense attorney, Houston, TX

Harris County Pretrial Representation Training