In a disturbing trend, people in small cases are having trouble finding lawyers. While the reduction in cost seems worth it to overburdened court systems, the personal consequences can be devastating when offenders are sent to prison for years or hit with fines they can’t afford.

“The consequences of a plea can be gigantic,” Kessler said, noting that misdemeanor convictions can mean a year in jail, a hefty fine, losing a driver’s license or the right to own a firearm — even possible deportation for immigrants.

The trouble is largely one of recordkeeping — it’s not that these people have been denied lawyers, it’s rather that there are no accurate records of whether they waived their right to a lawyer.

This is really a travesty — rights matter, even small ones. But progress is being made — many states are making an effort to clean up their records and better track cases where a person waives their right to an attorney.