TX Observer: “These routine hearings can have huge implications beyond determining how long someone will spend in jail (and the potential collateral damages like job loss) or how much they’ll have to pay to a bail bonds firm. If an arrestee chooses to plead their case at magistration, anything they say can be used against them in court.
The U.S. Supreme Court has held that people have the right to an attorney at the magistration, also known as arraignment, stage. Yet most Texas counties don’t guarantee free attorneys at these early hearings for people who can’t pay.
“There is a constitutional right to counsel at a critical stage in a criminal case,” said ACLU of Texas staff attorney Savannah Kumar. “Unfortunately, constitutional rights are not always realized for people, even when those rights are firmly established.”
In a bid to change this status quo, the Texas ACLU sued Travis County last week, alleging the county’s practices during magistration are unconstitutional.”