Criminal Justice
After attorney work stoppage, some criminal defendants released over lack of representation in this state
Some criminal defendants awaiting trial in Massachusetts have been released following a work stoppage by court-appointed lawyers in the state. (Image from Shutterstock)
Some criminal defendants awaiting trial in Massachusetts have been released following a work stoppage by court-appointed lawyers in the state.
Seven defendants were released on personal recognizance Monday in Suffolk County, Massachusetts, which includes Boston, WCVB reports.
Other publications with coverage of defendant releases include CBS News, MassLive.com and NBC Boston.
The defendants were released under the so-called Lavallee Protocol, imposed by the Massachusetts Supreme Judicial Court after the stoppage that began in late May to protest low pay.
The emergency protocol requires the release of indigent defendants in custody for seven days without a lawyer and the dismissal of charges against defendants who don’t have legal representation for 45 days. The dismissals are without prejudice, meaning that charges can be reinstated when an attorney is appointed.
Defendants charged with more serious crimes are prioritized for attorney assignments.
About 80% of criminal cases in Massachusetts are handled by private lawyers called bar advocates who are overseen by the state’s public defender agency, the Committee for Public Counsel Services, MassLive.com explains. The pay is $65 per hour, which is below rates in neighboring states, according to previous coverage.
One defendant ordered released on his own recognizance was DaiShaun Lawrence, who was accused of trying to sell drugs while on probation for drug possession. According to MassLive.com, he “was seen almost skipping in the metal cuffs around his ankles out of the courtroom, a grin on his face.”
Lawrence told NBC Boston that he just found out Monday that the attorneys were on strike.
See also:
Crisis looming in Massachusetts as court-appointed attorneys refuse to take on more cases
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