NAPD 2023 Rise, Resist, Represent Conference has ended
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We recorded over  90% of the sessions. Those not to be recorded will be noted in the description.   NAPD did not apply for CLE or CEU for this event and is not able to provide certificates of attendance.   This allows us to keep this amazing low price.  
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Friday, March 17 • 10:00am - 11:00am
Initial Appearance and Charging Time: Efforts to Reform the Earliest Stages of the Criminal Process

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Most Americans believe that if they are arrested, they will promptly receive a lawyer, see a judge, and have the opportunity to argue for their freedom. Instead, thousands of newly arrested people are held behind bars for days or weeks (or sometimes even for months) before they ever see a judge or an attorney. While the initial appearance is intended to inform defendants about their constitutional rights and provide an opportunity to argue for release, the Supreme Court has never explicitly guaranteed the right to a prompt and meaningful first appearance. As a result, there is little structural incentive for cash-strapped and resource-deprived criminal justice systems to provide prompt access to this essential procedure. Many states permit lengthy post-arrest detentions without judicial process and fail to provide counsel at initial appearance. In many jurisdictions, the initial appearance crisis is exacerbated by lengthy delays in filing formal charges. No constitutional doctrine requires prosecutors to make speedy decisions about filing formal charges. It may be weeks, or even months, before a prosecutor “screens” a case and decides whether to decline or accept the charges against a defendant. Until then, uncharged defendants languish in jail for weeks or months.
This session will examine initial appearance and charging time laws across the country, as well as discuss promising practices, opportunities for reform, and the role of public defenders in improving the early-stage criminal process.

avatar for Malia Brink

Malia Brink

Senior Policy Attorney, Deason Criminal Justice Center, Dallas, TX
Malia N. Brink has spent more than 20 years working in criminal justice research and reform advocacy. She currently serves as Senior Policy Attorney at the Deason Criminal Justice Reform Center at SMU Law School, where she directs the projects on initial appearance and charging times... Read More →
avatar for Jiacheng Yu

Jiacheng Yu

Policy Attorney, Deason Center
Jiacheng Yu joined the Deason Criminal Justice Reform Center in January 2022 as a policy attorney. Her work focuses on research and policies surrounding early-stage criminal procedure and the Sixth Amendment right to counsel.Prior to joining the Deason Center, Jiacheng worked as a... Read More →

Friday March 17, 2023 10:00am - 11:00am EDT
Room F