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‘America’s dirty little secret�: Thousands of misdemeanor defendants don’t get attorneys

  • Updated
  • 9 min to read
‘America’s dirty little secret’: Thousands of misdemeanor defendants don’t get attorneys

Editor's note:ÌýThis story is part of 'Broken Defense,' an investigative series from Lee Enterprises. More details about this project can be found at the bottom of this article.Ìý


Quentin Navarro 1.jpg

Quentin Navarro waived his right to an attorney and nervously talked aloneÌýwith the prosecutor on his first day in court Nov. 9 in Wharton County, Texas. "You’re walking in there to talk to the district attorney blind," he says.Ìý

Jon Mosher

Mosher


Quentin Navarro and Melissa 1.jpg

Quentin Navarro and his girlfriend Melissa say navigating the criminal justice system with little money it is a challenge. Melissa, who only gave her first name, has outstanding court fees she can't pay. Navarro said one reason he waived his right to a public defender is because he thinks negotiations alone with the prosecutor is quicker and less expensive. Defendants with a public defender pay attorney fees, but it's less expensive than a private attorney and payment is due later.

Quentin Navarro 2.jpg

Quentin Navarro holds a slip telling him to come back to court in January outside the Wharton County Courthouse Annex in Wharton, Texas, Nov. 9, 2022. He waited more than two hours for his first court hearing. About 40 other people accused of misdemeanors appeared in court and had their cases delayed or resolved with quick plea deals.

Melissa 1.jpg

Melissa, who asked to be identified by her first name only to avoid attention to her cases, pleaded guilty to an assault charge without an attorney’s guidance last summer in Texas. She says she could have fought for a lesser charge, but she "just wanted it to be over and done with." Here, she waits on Nov. 9, 2022Ìýoutside the Wharton County Courthouse AnnexÌýfor her boyfriend, Quentin Navarro, to finish his court hearing on a separate case.

Judge James Hill.jpg

Burleigh County District Court Judge James Hill in a 2015 file photo orders a defendant to remain in jail until a bond hearing or sentencing. In October 2022, Hill accepted quick guilty pleas from a man and a woman appearing in court for the first time with no attorneys. Hill's office did not respond to a request for comment.

Burleigh county courthouse.jpg

The Burleigh County Courthouse in Bismarck is pictured in 2019.Ìý

Jared Keenan

Keenan

Attorney Stephen Hanlon: "The vast majority of these cases are not being properly investigated"

Quentin Navarro 3.jpg

Quentin Navarro waited more than two hoursÌýin a TexasÌýcourtÌýNov. 9, 2022 to talk to the Wharton County District attorney about a potential plea deal with no public defender to help negotiate. Navarro is among people accused in more than 100,000 misdemeanors each year across the West who navigate the criminal justice system without attorneys.





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