In a Mississippi Jail, Convictions and Counsel Appear Optional
If a defendant applies for indigent defense, as Mr. Burks did on the day of his arrest in November, the senior circuit judge, Marcus D. Gordon, generally approves the request. But it is the judge’s policy not to appoint a public defense lawyer until a person is indicted. And there is no state law setting a time limit on detention before an indictment.
So Mr. Burks sits in jail and waits, with no lawyer and no end in sight.
Legal experts said such circumstances were widespread, even if this was an extreme example. Steep bail amounts and long jail stays without access to a lawyer are particularly common for those charged with misdemeanors, said Alexandra Natapoff, a professor at Loyola Law School in Los Angeles.
It is somewhat less common for felony cases. But common or not, Professor Natapoff said, it is still wrong.
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