In a Mississippi Jail, Convictions and Counsel Appear Optional

...when Mr. Burks and others are arrested, steep and “arbitrary” bail amounts are set, with no consideration of a person’s ability to pay.

If a defendant applies for indigent defense, as Mr. Burks did on the day of his arrest in November, the senior circuit judge, Marcus D. Gordon, generally approves the request. But it is the judge’s policy not to appoint a public defense lawyer until a person is indicted. And there is no state law setting a time limit on detention before an indictment.

Legal experts said such circumstances were widespread, even if this was an extreme example. Steep bail amounts and long jail stays without access to a lawyer are particularly common for those charged with misdemeanors, said Alexandra Natapoff, a professor at Loyola Law School in Los Angeles.

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