(Newswire.net — May 6, 2020) —
The COVID-19 outbreak has changed every aspect of life in the United States, and the legal system is assuredly part of that impact. Court dates have been cancelled or reverted to a remote viewing format where both the court workers and the defendants themselves can be isolated to the extent of social distancing guidelines that have been issued by the various levels of government. And, many professionals of all walks of life such as criminal defense attorneys have been affected as well with respect to how they conduct business and represent or procure new clients. This means that much of the communication can happen via telephone or even video platforms like Skype and Zoom whenever available. Contracts in retaining an attorney can also be mailed in some instances when time is not necessarily of the essence. Regardless of the emergency declaration, the rules that apply to the court system as well as the rights of defendants are still in place and modifications are being made to maintain those rules and rights.
Internet Website Contacts
Almost all contemporary criminal defense attorneys have an official website, often even maintaining blogs associated with specific types of crimes they defend against. Some attorneys practice at both the federal and state levels, and information on court proceedings and such are commonly detailed on their official practice sites. This is an effective method of contacting an attorney for those needing representation or even legal advice regarding any legal matter. While meeting with an attorney in person has always been the norm up until now, this is not actually necessary. Attorneys and potential clients can discuss the case online in a written format in many instances, and those wanting more privacy can contact via phone conversations.
Official Document Communications
Some states such as California have implemented temporary e-service requirements through an official judicial website for communications regarding pleas and criminal defense requests for information. Hearings are being held to a minimum in as much as it is possible until a video contact is necessary for whatever reason based on the progression of any case. Plea bargaining and discussion of cases between defendants and their attorneys are conducted via phone as well with formal motions being handled as remotely as possible. This order is temporary for all states that are using it, but there could be an extension of certain policies as needed for health and safety reasons once communication guidelines are changed.
Jail Releases
Another step judicial systems are taking to help mitigate the potential health damage resulting from COVID-19 is releasing non-violent in-custody defendants and those who have been previously convicted. Criminal defense attorneys still have an ongoing relationship with their clients even when they are in custody, and releases and requests for consideration can be communicated through the e-filing process as well. Any inmate who is in the most vulnerable class to contact the disease could request and expect an early release or an assignment of house arrest when it can be arranged. And in these uncertain times, chances are that the health of all concerned inmates will be a factor as well. These releases still must be done through established official channels, and all documentation must be accurate with respect to request reasons and official orders to release these particular inmates.
Trials
Trials present another problem altogether for the court system because they are the fullest extent of all criminal defense rights. Conducting a trial via video conferencing could well present problems when evidence is being contested and witnesses are being cross-examined. A trial includes much more than the exchange of words, as a jury is watching every component of what is being presented. Prosecutors could well have a significant advantage during this time, and the possibility exists for a plea bargain that may not have existed before the pandemic was officially announced and measures were taken to protect all involved parties. Those parties include criminal defendants as well as court workers and other attorneys and witnesses. This could result in a much better plea arrangement than during regular times, or at least a case continuation to a later date.