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As we push for holistic Counsel at First Appearance (CAFA) in Travis County, it's important to look at this initiative through an abolitionist lens and focus on transformative justice and community well-being.

Contrasting the impact legal representation has on a person’s legal outcome can uplift the reality that CAFA is essential and urgent in Travis County. 

Counsel at first appearance (CAFA) aims to create a more equitable pretrial justice process by providing quality, holistic legal representation

Safety and justice begins with reclaiming empathy, acknowledging each other’s humanity, and uniting to advance practices that create autonomy for us, our neighbors, and our families.

Key Points:

1. Disproportionate Incarceration Rates:

  • The US, with less than 5% of the global population, holds 20% of the world’s incarcerated individuals.

  • Alternative: 1 out of every 20 people around the world lives in the United States, and 1 out of every 5 individuals incarcerated worldwide are held in American jails or prisons.

  • Over 69% of those incarcerated in city and county jails are held in pretrial detention.

2. Racial Disparities

  • 43% of the pretrial population is Black, showcasing significant racial disparities.

  • Latinx and Black males are disproportionately detained compared to their white counterparts.

3. Impact on Families and Communities

  • 66% of women unable to afford bail have minor children.

  • Alternative: 2 out of 3 women unable to afford bail are mothers with minor children.

4. Poverty is not a crime

  • Most pretrial detainees are incarcerated due to their inability to pay bond, perpetuating a cycle of poverty and incarceration.

  • The average yearly income of individuals unable to afford bail is alarmingly low; for men, it’s $16,000, and for women, it's $11,000.  The U.S. Census Bureau determines the poverty threshold for an individual in Texas to be $14,880 before taxes.

5. Ineffectiveness of Pretrial Detention

  • Studies show that pretrial detention leads to worse outcomes for both defendants and society.

  • Short term: longer jail stays and higher chances of conviction

  • Long term: worse recidivism outcomes and barriers to employment and housing

  • It increases the likelihood of conviction and imprisonment, perpetuating the cycle of incarceration.

  • Pretrial detention costs the US $13.6 billion annually, straining resources and communities from much-needed social support programs

Get involved with our campaign!

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As concerned Central Texas residents along with the above organizations, we request you publicly announce your concrete plans and timeline for implementing in-person Counsel At First Appearance (CAFA) for all detainees in the Travis County Jail, now. 

Travis County’s failure to provide an attorney at magistration violates the Constitution. Last week, ACLU Texas filed a class action lawsuit on behalf of people jailed without lawyers in Travis County to affirm the constitutional right to counsel at first appearance (“CAFA”).

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