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Number arrested with no charges filed closer to 2% than half, as claimed in Rothgery case

Well, I've got a little more clarity and some data on the question of how many Texans are jailed without charges being filed, but it doesn't seem to be as high as attorney Greg Coleman claimed last week arguing before SCOTUS in the Rothgery case. Coleman told the court "it may happen in half of the cases, where an individual is arrested, magistrated, released, and no official charges are ever brought." An attorney friend who'd read all the briefs and closely tracked the case clarified Coleman's reference: Coleman is talking about cases in which no indictment is filed, which is different than no charges being filed. He consistently conflated those 2 concepts during his argument and briefing. Ds may be arrested and released without charges w/in 48 hours of arrest, but once they are brought before a magistrate they are accused of a crime, usually via a preliminary charging document such as a complaint...continue to full post

Full post as published by Grits for Breakfast on March 25, 2008 (boomark / email).