We are in support of this bill instituting Counsel at First Appearance. This is working in James City County and is highly effective!

The problem with this and all of the other proposed statutory changes to the criminal code such as pregnant women not serving jail or prison time, the continued falling and failing sentencing guidelines for egregious criminal actions, forbidding plea agreements to include signing over 4th amendment rights, etc. is that none of you have actually been to jail or prison, arrested for a crime, or had a felony or prison sentence looming in your future or sat in a jail or prison cell when that door goes CLINK and locks behind you. So, you look at this as a two sided coin. Here in lies the fallacy, It is and never has been as simple as "lock them up" or "set them free" which is why after decades and decades of this debate- we are no better, no worse, just stagnate ....while millions of people and families suffer and two parties think they know best. How can I say this? As a drug addict who has been clean for 17 years, a mother, a wife and a powerfully intelligent woman who has made herself into a productive member of society and a force in the political arena- WITHOUT the program of intense cognitive rehabilitation COMBINED WITH jail accountability (break a rule- off you go back to Riverside) this program also once known as Chesterfield county Drug Court; which has now been minimized to "recovery court" where you have to use drugs 3-4 times before you get sent back to jail (so people are now dying in this once amazing program). My point being, you, me, none of us are looking at a two sided coin. We are looking at a multidimensional box, all on different sides of the room seeing a different side of the box (perspective and feelings) and without the ability to move where you are standing to see a different side of the box and change that perspective or accept it is even there and valid- you can never see that we are ALL looking at the same thing (the same box). And thus, you can never see that what has been and what you are attempting to do here will HELP NOONE, especially people caught in riptide and undercurrent of the generational criminal justice system. I am sure you have never had a once felon, now reformed, who will tell you and the public how GREATFUL they are to have been blessed with people who taught me accountability for my actions without fluff or threats, but actual black and white consequences for my actions that always ended in a day in jail or even weeks in jail -while at the same time supporting me with intensive therapy to overcome abuse and other contributing factors plus cognitive therapy treating the underlying problem no matter the offense- which is the behavior. I beg you to move your spot in the room to see a different side of the box, and recognize that the two sided coin has failed the public, families, offenders and the Commonwealth as a whole far too long

Chair Watts and Members of the Courts of Justice - Criminal Subcommittee: My name is Erin George and I am the National Director of Policy at The Bail Project. I write to the subcommittee today in support of HB 127. The Bail Project is a national nonprofit organization that provides cash bail assistance and court return support like transportation and court date reminders to low-income people across the country. Since 2017, we have supported nearly 40,000 people who return to 92% of their court appearances. Working directly with our clients and their families, we have seen first hand the difference that access to counsel at the earliest stages can make in an individual’s case, and in their ability to secure pretrial freedom. In Virginia, people detained pretrial can sit in jail for days, and in some places a week or more, before they speak to a lawyer. When they do appear in court, they often face a complex and technical hearing alone, making them more likely to be detained pretrial or face an unaffordable bail amount. HB 127 is a vital step towards guaranteeing Virginians’ constitutional right to counsel and upholding due process. Appointing defense counsel as soon as an individual's liberty is at stake increases procedural justice and efficiency, improves court appearance rates, and reduces the amount of time people spend in jail while awaiting trial. By mandating counsel at first appearance in jurisdictions with a public defender’s office, HB 127 builds upon progress already underway in the Commonwealth. Several jurisdictions across the Commonwealth are already implementing counsel at first appearance (CAFA). In Fairfax County, a CAFA pilot program limited the negative consequences of pretrial detention, reduced racial disparities in who is appointed counsel, and reduced the number of overall bond motions – alleviating stress on the judicial system. HB 127 will support these jurisdictions and encourage others to adopt the practice. Evidence from across the country also points to the success of counsel at first appearance. In Maryland, individuals provided counsel at bail hearings were 2.5 times more likely to be released on their own recognizance, 4 times more likely to have their bail amount reduced, and 2 times more likely to be released on the day of arrest. In Michigan, three county pilot programs reduced the amount of time a defendant spends in jail between arraignment and release, reduced the number of hearings, and resulted in more cases resolved at the first appearance. [1] CAFA improves not only pretrial fairness, it makes courts more efficient. Passing HB 127 is in the best interest of pretrial justice and public safety. People detained pretrial simply because they cannot afford bail and have no one to advocate for their release are at an increased risk of losing their jobs, their homes, and custody of their children, and are more likely to become justice-involved again in the future. Counsel at first appearance reduces these harms, upholds efficiency and fairness in the pretrial system, and promotes safer communities. I urge you to vote yes on HB 127. Thank you for your time. Sincerely, Erin George [1] See National Legal Aid & Defender Association, Access to Counsel at First Appearance: A Key Component of Pretrial Justice, prepared by Michael Mrozinski and Claire Buetow (Washington, DC: NLADA, 2020), 5, https://www.nlada.org/sites/default/files/NLADA%20CAFA.pdf.

Comments Document

I am Scott E. Peyton, Director of Government Affairs at Prison Fellowship, and I am writing to express Prison Fellowship’s support for HB127. At its core, HB127 reflects a fundamental constitutional principle: liberty must be safeguarded through fair and timely due process whenever it is at risk. Virginia’s Patrick Henry, a leading champion of the Bill of Rights, believed that individual liberties must be protected through clear constitutional safeguards, especially in criminal proceedings where the state's power weighs heavily against the individual. That enduring commitment to liberty through due process continues to guide our understanding of justice today. HB127 honors Virginia’s constitutional tradition by reinforcing the protections that secure liberty through fair and timely due process. By strengthening access to counsel at the earliest stage of a criminal case, the bill upholds the presumption of innocence, advances due process, and reflects the principles that inspired the adoption of the Bill of Rights itself. For these reasons, Prison Fellowship respectfully urges your support of HB127.

I support this bill. As a person who used a PD, I had very limited access to them - why? Their case load was too big. I had a case that could give me a life sentence and I had 1 meeting with my PD. The only time we talked was 5-10 minutes before we went into the courtroom. Now ask yourself if you were literally fighting for your life with no knowledge of the legal system or your rights, would that be enough time to put a real defense together? For me, it wasn’t.

I support this bill because it will allow those charged with a crime to know more about their case. The court appearance will also allow defendants to see their lawyers and speak with them about elements in their case.