New York City Misdemeanor Guilty Pleas at First Appearance 30% Other
in court so she could move on to the next case.” 162 The misdemeanor associate was fired for seeking a continuance to address pretrial suppression is- sues in a case. 163 Site team members observed similar pleas at ar- raignments in a municipal court in Lynnwood, Washington. Two contract defenders advised as many as 132 defendants on an arraignment calendar in a three and a half hour period. Frequently, the de- fense lawyer was talking with other defendants in the audience gallery while another of his clients was at the podium talking to the judge. Once in front of the judge, the total time from presentation of charges to sentencing took about five minutes. While some defendants opted for continuances in order to meet with an attorney or negotiate further with a prosecutor, many did not. Instead, they stipulated to the admission of the po- lice report, which resulted in a finding of guilt. There was no colloquy regarding the rights being waived — including the right to a jury trial and the right to confront witnesses. The judge simply proceeded to sentencing. One defendant appeared and was sentenced to 10 days in jail and a $500 fine for marijuana possession in less time than it takes to get a hamburger from a McDonald’s drive-through window.
32
70% Disposed
of at first appearance
fendants often plead guilty because the punishment offered by the prosecutor in the plea agreement sufficiently out- weighs the risk of greater punishment at trial. 165 In the mis- demeanor context, this pressure can be even more compelling because the punishment in the plea offer, fre- quently time served or probation, appears minimal, and the prospect of fighting the charge has not only the risk of more substantial punishment, but also tremendous inconvenience, including possible ongoing pretrial detention, missing addi- tional days of work, and having to find alternate child care, among others. 166 Adding to this pressure is the demonstrable fact that the assigned defense attorney has neither the time nor the resources to adequately prepare a trial defense.
In Maricopa County, Arizona, one of the more experienced defenders explained that, having advised a client and ne- gotiated a guilty plea, defenders do not always go to court with the clients for plea and sentencing because of the long wait time in court. The defenders prepare the client, often spending a couple of hours on preparation, but they rely on the court to ensure that the plea and sentence is fair. By way of explanation the defender noted that the judges “are supposed to bring us in if there is a question.” There is a growing body of evidence that suggests that in- nocent people frequently plead guilty. As early as the 1960s, scholars observed the likelihood that pressures to plead were resulting in innocent people pleading guilty. 164 Innocent de-
Denial of Bond/Inability to Make Bail and the Pressure to Plead
“Most of the PDs do not have enough time to do thorough investigations, meet with the clients at length, research all of the potential issues, and file all potential motions specifically tailored to each case.”
At the New York conference held on misdemeanor courts, attendees noted that the meet and plead situation is par- tially driven by defendants. In misdemeanor cases, the dif- ference between pleading guilty at arraignment and further investigation pending trial is often related to the defen- dant’s custodial status. A client will plead guilty at ar- raignment, even against counsel’s rigorous advice, because it means he or she will be released that day or soon there- after. A client will waive a compelling suppression motion or a viable defense in order to avoid another day in cus- tody, particularly when that time might affect her job or the care of her children.
— A Florida public defender.
Minor Crimes, Massive Waste
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