Criminal defendants in Massachusetts are being released and their charges are being dropped because the state can't provide attorneys for those who can't afford one. Lana Zak reports.

Massachusetts

Massachusetts is facing a significant legal crisis as criminal defendants are being released and charges dropped because the state cannot provide defense attorneys for those who cannot afford one. Over 3,000 defendants are currently unable to be tried, as private attorneys, who previously handled the majority of these cases, have stopped accepting new clients due to concerns over low pay.

State rules require that defendants be released if they do not receive legal representation within seven days, and cases are dismissed after 45 days without a lawyer. The governor recently approved a modest pay increase for defense attorneys, but it falls short of demands and remains below rates in neighboring states. The situation has left many accused individuals and victims in legal limbo, highlighting ongoing concerns about the underfunding of public defense in Massachusetts.

Criminal defendants being released in Massachusetts

In Massachusetts, criminal defendants are being released and their charges dropped. The reason? Well, the state can't provide defense attorneys for those who can't afford one. Remember, a right to an attorney, that's a bedrock constitutional right. In tonight's In Depth, CBS's Lana Zak reports on why defense lawyers are refusing to take on new cases. They haven't been judged guilty or innocent. Right now, over 3,000 defendants in Massachusetts can't be tried because there are no lawyers to represent them. Attorney Rebecca Jacobstein. It's the first time that's ever happened. It's horrible. It is a tragedy. Under a state rule, defendants can only be held in jail for seven days without an attorney before being released. And after 45 days, their cases are supposed to be dismissed. It's insane because this is my life. This is my daughter's life at risk. This woman, who asked us not to show her face, was told the man who has repeatedly threatened her may be set free. Him being released puts me at danger and my daughter at danger, and there's no one really there to help us. Many of the accused are in legal limbo and can't get their cases heard. I went six days in a row on Zoom, and they just say, show up tomorrow, come back tomorrow, maybe tomorrow we'll have a lawyer, maybe tomorrow we'll have a lawyer. And now we're four months into it. Previously, private attorneys were tapped to take on 80% of the defendants that couldn't afford a lawyer. But they stopped taking those cases earlier this year because they argue they're underpaid. Would you say that public defense work is in crisis in Massachusetts right now? Absolutely. And it's because it's underfunded. It's been underfunded for many years. Jennifer O'Brien is one of the lawyers asking for a $35 hourly raise from the previous $65 an hour. The governor of Massachusetts this week signed off on a $10 increase, far less than the pay in neighboring states. It's just not feasible financially, and it's actually disrespectful. The court is going to release you. You've been held since July 31st without an attorney. The charges range from the minor, like disorderly conduct, to more serious offenses like assault. For victims, the crisis is personal. The lawyers asked for a $35 raise, and I feel like my life and my daughter's life is worth more than $35, whatever it is. Leaving the scales of justice out of balance in this ongoing crisis. Lana Zak, CBS News, Boston.

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