Richmond, Virginia— Advocates across the Commonwealth are celebrating the successful passage of HB127, Counsel at First Appearance, sponsored by Delegate Katrina Callsen, through the Virginia House of Delegates on a vote of 84-10. The legislation guarantees that people accused of a crime will have access to a lawyer the very first time they appear before a judge. This vote marks a major milestone for a bill designed to strengthen fairness and due process in Virginia’s criminal legal system. By ensuring counsel at this critical early stage, HB127 helps protect the rights of individuals navigating one of the most consequential moments in the judicial process. The bill will now crossover to the Senate for a vote.

“Today’s passage of HB127 in the House of Delegates is an important victory for fairness and equal justice in Virginia,” said Ashleigh Crocker, Interim Executive Director of Progress Virginia. “No one should be forced to stand alone before a judge without understanding their rights or having someone to advocate on their behalf. Guaranteeing a lawyer at first appearance is a critical step toward a more just and equitable system that treats everyone with dignity under the law, regardless of income or background. We’re encouraged by this progress and look forward to seeing the legislation move through the Senate.”

Background and Statistics:

• Even short pretrial detentions lead to a 4 times greater likelihood of being sentenced to jail, 3 times longer jail sentences, 3 times greater likelihood of being sentenced to prison, 2 times longer prison sentences and worse life outcomes
• Cost savings on pretrial detention keep the counsel at first appearance bill revenue-neutral.
• After the state of New York introduced counsel at first appearance, defendants were 10-20% more likely to have bail set at less than $1000 and three times more likely to have bail set at under $500.