Pre-Arraignment Representation and Review
Program overview
Improving release outcomes for public defender clients: Pretrial detention imposes serious costs on individuals arrested on criminal charges. The Santa Clara Pre-Arraignment Representation and Review (PARR) program provides these individuals with earlier legal representation - after arrest, rather than at arraignment. By making this change, PARR aims to increase the likelihood of pretrial release and case dismissal for clients.
Leveraging public defender offices: PARR is operated by local public defender offices, which provide legal counsel for program participants. PARR only serves individuals booked into custody on felony charges or misdemeanor domestic violence charges. These groups have a much greater likelihood of pre-trial detention than individuals booked on lower level misdemeanor charges, and thus stand to gain the most from early legal counsel.
Meeting with clients earlier in the process: PARR aims to meet with all clients for the first time within 48 hours of arrest. During these earlier meetings, PARR attorneys learn about their client’s case and community ties. They provide legal advice to clients, and may advocate for release prior to or at the arraignment. Following arraignment, attorneys continue meeting with their clients and providing legal services. This approach simulates the access and services that private attorneys provide for clients who can afford them.
One study with a rigorous design shows that there is some evidence for pre-arraignment representation as a strategy for improving release outcomes for public defender clients.
- A 2023 quasi-experimental study found that low-income individuals who met with a public defender shortly after arrest were 28 percentage points more likely to be released pretrial, and 36 percent more likely to see their cases dismissed, than otherwise similar individuals.
Identify clients at risk of pre-trial detention: Even a few days in jail can disrupt a person’s life, as they experience a higher likelihood of job loss and a greater likelihood of conviction. This disruption is more likely to be damaging for low-income individuals. As such, when resources are limited, public defenders should consider a client’s job security, family obligations, and potential charges when deciding which clients to prioritize for services.
Build a holistic relationship with the client: When replicating PARR, attorneys should not only investigate the specifics of the client’s case but also work to understand the ecosystem of support a client has access to, including family members and religious or community groups. This information will help them understand how pre-trial detention would affect the client or their community, which enables them to better advocate for their clients’ release.
Establish a structured intake process: When replicating PARR, programs should establish a structured intake process for clients. As part of this process, programs can not only identify whether a prospective client meets the eligibility requirements, but also identify whether they may benefit from support services (e.g., child care). By having a structured intake process, programs also reduce the likelihood of bias when selecting individuals for participation.
Monitor program success: PARR success can be measured by the percentage of individuals released pre-trial, the percentage of individuals whose cases are dismissed, and the severity of charges an individual receives. Monitoring these figures will help evaluate program success, provide affirmation of public defenders’ efforts, and demonstrate the program’s effectiveness to concerned stakeholders.