The Problem, As We See It: Fear as the Main Motivator

Texas’ justice system is driven by fear: “Don’t screw up, or you’ll be arrested.” “Obey the Court’s orders or your probation will be revoked.” “Don’t reoffend because the punishment will be worse next time.”

But fear does not motivate.

The increasing rate of incarceration confirms that fear is not an effective deterrent. While people should be accountable for their behavior, there is now an impressive body of evidence that the way to change behavior is not through punishment, but through repetitive, positive reinforcement of desirable behavior.

Those accused of a crime enter a system with multiple points of contact, including police officers, jailors, lawyers, judges, counselors, probation officers, and various service providers. Offenders are often ping-ponged between service providers that have little time to understand the nuances of each client’s situation. In this system, people are told to succeed, but they often receive inadequate attention and assessment, and incapable counsel.

The Solution We Believe In

We believe that long-standing change can only happen when people feel safe to fail, but inspired to change. We are a team of lawyers and social workers who understand and believe in holistic advocacy, which means that our lawyers want to address not only the client’s legal issues, but also the host of factors that have driven them into the justice system. We also understand that lawyers are not always the best-trained people to address mental health issues, school-related issues, job-skills issues, family dynamic issues, poverty issues, and so on; and lawyers often do not have the time to do this important work.

In each of our cases, the legal team will:

• Zealously defend the unjustly accused.

For those whose arrest was endemic of more troubling problems:

• Produce any and all appropriate legal motions.
• Present mitigation evidence to the court and negotiate with prosecutors and the court for so that the client can work our program.
• Negotiate guideposts with prosecutors and the court by which the client’s success will be measured at the end of that time.
• Present the client’s accomplishments to the court at the end of the determinate term and urge a positive disposition for the client.
• When necessary, proceed to trial on the case.

The social work team will:

• Conduct a detailed initial assessment of each client.
• Strive to address the underlying causes of a client’s involvement in the justice system and look for creative solutions to clients’ problems that lie outside of the courtroom.
• Partner with the clients to develop a plan that will promote the cient and family’s long-term stability and empower the client and family in executing the plan.
• Develop mitigation evidence.
• Refer out mental health, substance abuse, and family counseling, if needed.
• Assist clients and families in finding and keeping jobs.
• Assist clients with education-related issues.