NACDL - Farella v. Anglin

Farella v. Anglin

Brief of the National Association of Criminal Defense Lawyers, National Legal Aid & Defender Association, National Association for Public Defense, and New York University School of Law Center on Race, Inequality, and the Law as Amici Curiae in Support of Appellees and Affirmance.

Farella v. Anglin

Brief Details

Case No.: 24-2914
Brief Filed: February 28, 2025
Jurisdiction: 8th Circuit Court of Appeals

Key Topics in the Brief

Right to Counsel | Pretrial Detention | Bail and Parole Hearings

Briefs

Farella-v-Anglin-Brief.pdf

Prior Decision

Decision below Farella v. Anglin, No. 5:22-cv-05121-TLB (W.D. Ark. 2024)

Argument(s)

The Sixth Amendment guarantees indigent defendants the right to counsel at bail determinations, which constitute a critical stage of prosecution. Without legal representation, defendants are unable to effectively advocate for their release, leading to unfair bail decisions, unnecessary incarceration, and the collateral consequences of pretrial detention, including job loss, family separation, and increased pressure to plead guilty. Thirty jurisdictions (27 states, D.C., and two U.S. territories) mandate counsel at first appearances, recognizing that attorney representation results in more just pretrial outcomes. Benton County, Arkansas, lags behind these national best practices and should ensure that defendants have access to counsel at Rule 8.1 hearings.