BOSTON (WHDH) – A judge has decided to let Daishaun Lawrence out of jail after he says he spent over two weeks in custody because the court system couldn’t find an attorney to represent him on a drug charge.
“Your constitution says you are entitled to an attorney,” said Lawrence. “If you can’t afford one … one will be and can and will be provided for you. So that was a violation of my constitutional rights.”
Its all due to public defenders in Massachusetts refusing to take on new clients until they get paid more. This is preventing cases from moving forward and sends people like Brittany Dagraca to sit behind bars, waiting for her day in court.
“There are a lot of people sitting here that need a lawyer that have kids and stuff like me. I have a seven month old. People like me need to get home to our kids,” said Dagraca, who was released from jail.
A recent ruling, called the Lavallee Protocol, is now making sure anyone in custody without a lawyer for seven days is to be set free.
Those without a lawyer for 45 days could have the charges against them dismissed.
“I think its terrible that we can’t find lawyers. Everything we do is about finding counsel, effective assistance, representation and a voice. A voice for people who have no voice and right now these people have no voice and it crushes us everyday,” said Rebecca Jacobstein, Cmt. For Public Counsel Services.
All day Monday, a judge at Boston Municipal Court heard case after case of people in this situation.
The Committee for Public Counsel Services had a private attorney in court to try to help on some of the cases, but there were conflicts of interest, and when a case could not get picked up, the judge ruled to let the people go free.
“I’m pretty sure if I had legal counsel by my side that day, I would have been released and able to go back to work and judge would have cooperated more,” said Lawrence.
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