PETITIONING FOR MEANINGFUL ACCESS TO COUNSEL

Dear, Carlos A. Gimenez, Mayor of Miami-Dade County., Marydell Guevara, Director of the Miami-Dade Corrections and Rehabilitation Department

As someone who cares about justice I firmly believe that the most important thing for pretrial detainees is to have meaninful access to justice as soon as feasible after custodial restraint. 

In order for a defendant to have meaningful access to a defense attorney by the time of booking. He or she must have access to information about qualifications and experience associated with the criminal defense Bar. This is a particularly serious problem for the defendant, since he or she may have had little or no previous experience with the criminal justice system. The poor may be especially disadvantaged in this regard, since they generally have less access to lawyers and other sources of information about professional competence. And the professionals with whom a middle class defendant has contact may have little accurate information about the criminal defense bar. Indigent defendants and the more affluent face equally serious barriers to informed choice of counsel while they are in custody.

By not providing information about qualifications and experience of local lawyers to defendants. They are left with no choice but, to wait on their loved ones to research attorneys on their behalf or basicly choose any lawyer to handle their particular legal situation. Usually, the first criminal defense lawyer they come across. Disregarding the importance of attorney qualifications and experience. Due, to their vulnerability.

Choosing the right lawyer can make the difference between a successful or failed outcome in their case -- not to mention the peace of mind of working with an attorney they trust.  

Therefore, defendants just like any citizen should have an equal opportunity when trying to research and retain legal assistance in todays search and social world.

On one hand, please consider how you would approach purchasing such service. Whether you are trying to retain an attorney or a private investigator. You will likely Google options read on-line reviews and recommendations.

Now on the other hand, please consider the pretrial detainees trying to approach the same purchase.

Without on-line access detainees lack such vital information.

Effective representation of the accused requires that meaningful access to counsel be provided at the earliest possible time. Because, often there are witnesses who must be interviewed promptly by the defense lest their memories of critical events fade or the witnesses become difficult to locate. Where the accused is incarcerated, defense counsel must begin immediately to marshal facts in support of the defendant's pretrial release from custody.

Therefore, I strongly urge you to implement new technology at your inmate booking facility providing defendants meaningful access to defense attorneys and suggest the following organization.

Lawnetbox Foundation is a non-profit attorney directory service provider dedicated to increasing access to justice for pretrial criminal defendants being detained in detention facilities through an innovative use of technology. 

What technology are they offering?

Inmate kiosks and secured network connections, at no cost, specifically designed for defendants to access a secured attorney researching platform. Thereby, users may search a secured listing of local licensed and insured attorneys and view their profiles. A visual display of personal information about qualifications and experience associated with a specific attorney. In addition, they may schedule a confidential consultation by way of a secured messaging system.

How will it impact detainees?

By way of such platform, as soon as feasible after custodial restraint detainees may exercise their right to freedom of choice in relying on his or her own abilities and assets in obtaining the manner of representation best suited for the defense. It is a highly personal choice concerning the allocation of one’s own individual resources. 

How will it impact guards and jail officials?

Guards and jail officials themselves have long recognized that providing a confidential and reliable means for inmates to research, retain, and communicate with their attorneys in an attempt to obtain a fair resolution of their criminal matter. Releases inmate tension in the jails and itself advances a penological interest in maintaining institutional order and security. 

How will it impact jail resources?

Inmate access to such platform can reduce corrections spending both on pretrial detention and subsequent sentences without compromising public safety.

If detainees can research, retain, and communicate with their attorneys on the same day they are arrested. In doing so attorneys will be able to gather vital information that can influence the client’s options throughout the entire process, including pretrial alternatives to detention and pretrial advocacy. Therefore, Having fewer people in jail – 4,500 instead of 5,000 on an average day despite an increase in the number of cases – saves the county $110 per person each day totaling a savings of $55,000 a month.

How will it impact the community?

Unnecessary pretrial detention is costly for constituents. Such platform ensures early involvement by a private attorney or a pro bono defender who could help to reduce unnecessary pretrial detention, increase the chances of an appropriate sentence later and help divert minor cases out of the justice system. Having such defenders involved early in the process can help connect defendants to these programs, providing appropriate and potentially beneficial consequences while reducing wasteful spending on unnecessary incarceration

[Your comments here]

Thank you for considering my comments.

Sincerely,

[Your name here]