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Feb 12 • 4 tweets • 1 min read
I once represented a woman w/ seizure disorder. As soon as she heard bail set, she fell backwards & slammed her head on the ground. Convulsing. I turned back to judge to reconsider based on “changed circumstances.” “Shes going to die in jail.” Judge: “Next case.”
She wound up hospitalized. While there, I filed a motion (habeas corpus) & argued excessive bail to another judge. Thankfully he ordered her released. She showed up to her next court date. Back on seizure meds. Her case was called. Prosecution offered a plea for 15 days jail.
The woman I was representing couldn’t believe it. “15 days?! They want to send me back?” I realized the prosecutor hadn’t even looked up. Didn’t realize she’d been released. Pointed it out. Prosecutor: “Oh! I’ll just dismiss the misdemeanor & offer a violation w/ time served.”
This is one difference that pretrial freedom makes. Prosecutors know they can’t coerce a harsher plea & jail time when someone is free w/o the urge to do anything to get home.

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Scott Hechinger Profile picture
Feb 13
Good one, Tommy! 1. From 2020 & nothing to do w/ bail reform. 2. If arrests & jail actually produced public health & safety, you’d think that maybe one of those 103 times he was arrested, it would have prevented this tragedy? This case proves the need for alternatives. Thanks.
Not correct. As a public defender for close to a decade, whenever I represented someone with close to 103 arrests, they were all of not 99% low level crimes of poverty, which would result in guilty pleas & short jail stints on day of first appearance. Case done within 24 hours.
Tommy. You’re choosing the greatest hits of the racist, sensational, fact-free NY Post. There are 200k success stories for every one exception. Bad things will always happen. W/ or w/o bail reform. The best we can do is find policy that maximizes safety/freedom. NY’s done that.
Read 8 tweets
Scott Hechinger Profile picture
Feb 12
Think about this. NY bail reform has been in effect 2 years. 200k free who’d otherwise face jail. Families. Jobs. School. Nearly 100% *not* rearrested for violent felonies. Public safety. $600 million+ saved. But if you listen to NYC Mayor & Fox, you’d think reform was a failure.
Yea. Crime rate is down across the board over the last 2 years in NYC. Down dramatically in last 20. Historic lows. One current issue is gun violence. Same across country. Which requires we follow facts. Not lies. Nothing to do w/ reform. NYPD even admitted. All to do w/ guns. Image
That’s not true. Also you’re citing November numbers. And even then you’re looking at short run stats. Which will *never* be able to clarify causation. We know over long term that decarceration in NYC has paralleled massive drops in crime rates over last decades.
Read 5 tweets
Scott Hechinger Profile picture
Feb 12
My 6 year old son wants me tweet and tell you all: "I hope at some point in the world everybody who goes in jail gets a chance to try again." He's asking me now "Is that good? Is that a good one? Are you writing it, daddy." Yes I am. And I'm proud of you, little man.
He also wants you all to know that he spotted the space bar and knows what the space bar does on the computer keyboard. He's quite proud of himself.
Follow my son's lead and support #cleanslateNY:
Read 7 tweets
Scott Hechinger Profile picture
Feb 8
THREAD. If you're not paying attention, you'd think your city is burning down. Bail reform is to blame. So different from facts: 100k more people free in NYC. 99% not rearrested for violent felony. Same as before reform. More freedom + safety. More facts: amny.com/opinion/op-ed-…
Police's own data debunks them: "Even data directly from the NYPD debunked its own repeatedly recycled claim that bail reform led to a spike in gun violence. The data speaks for itself — there is no evidence linking reform to any spike in crime."nypost.com/2020/07/08/nyp…
Fact: "Less people in jail is a public safety solution. "For decades, NY demonstrated the possibility to both reduce crime & incarceration at the same time. NY saw the most crime when it had some of its highest incarceration rates. Lawmakers recognized this problem & acted."
Read 8 tweets
Scott Hechinger Profile picture
Feb 6
Here’s an amazing thing. *NYPD’s own data, as of today:* Murder, rape & sex crimes, robbery, assault, burglary, transit, theft, & hate crimes are all well below or back to pre-pandemic levels. Far less or no change since bail reform began. Eric Adams is lying to cage 1000s more.
No change. The same. 0% change. This year so far murders are down nearly 20%.
NYPD’s own data: Over the last 20 years (since 2001): An overall reduction in major crime of 36.6% in NYC. Murder, rape, robbery, burglary, grand larceny all down *significantly.* Between 20-70%. This decline has coincided w/ significant decreases in pretrial jailing.
Read 4 tweets
Scott Hechinger Profile picture
Feb 5
THREAD: A few weeks ago, new Manhattan DA released a modest plan. To be bit fairer when charging & caging people. Police began lying, including to crime victims. Media amplified it. Before the plan even started, he caved. Criminal policy is made based on lies & fear. Not reason.
After new DA Alvin Bragg announced he’d—on a case by case basis—stop the practice of charging non-violent commercial theft as *violent robbery*, NYPD lied to two storeowners who actually were violently robbed that there was nothing they could do. They wrote a NY Post opinion.
After new Manhattan DA announced he’d think more critically about pretrial caging & prison for simple gun possession (no use) given the racist impact & reasonable fear for safety, NYPD blamed it for the police *shooting deaths* of 2 officers. A widow called him out at funeral.
Read 13 tweets

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