Richmond, Virginia— Advocates across the Commonwealth are celebrating the successful passage of HB127, Counsel at First Appearance, sponsored by Delegate Katrina Callsen. The bill, which reported out of the House Courts Criminal Subcommittee today on a 9-0 vote, guarantees that people accused of a crime will have access to a lawyer the very first time they appear before a judge.
“Too many members of our community are forced to face a judge alone after an arrest, without anyone to explain their rights, file for appropriate bail, or advocate for their release,” said Ashleigh Crocker, Interim Executive Director of Progress Virginia. “HB127 ensures fairness and dignity at the earliest critical moment in the criminal process. This is a meaningful step toward a justice system that treats everyone, regardless of income or background, with the basic equality under the law that they deserve.”
Currently in Virginia, people who are not free on bail can wait days or even weeks in jail before they have access to an attorney or go before a judgr. This leads to job loss, housing insecurity, custody loss, access to medical care and a host of other issues that result from people being forcibly displaced from their communities. An attorney at first appearance can immediately advocate for reasonable bail or release conditions, reducing unnecessary pretrial incarceration and its broader harms to families and communities.
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
- 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.
- Cost savings on pretrial detention keep the counsel at first appearance bill revenue-neutral.