CRIMINAL DEFENSE PRACTICE
Defending the Rights of the Public Every Step of the Way
We Defend Clients in Court
We Defend Communities
The expansive reach of the Criminal Defense Practice runs from its dynamic advocacy of clients in court to its presence and partnership in communities. As the primary public defender in New York City, staff zealously and tirelessly work to protect the rights of the most marginalized and disenfranchised in society. Yet our scope, as the country’s oldest and largest public defender, goes beyond any single case or client. Our community engagement, impact litigation, and broader advocacy consistently strive for increased fairness and humanity in the criminal justice system and seeks to reduce the devastating and permanent consequences of system involvement for our clients.
The Practice includes experienced trial offices in every borough, an Appeals Bureau, a Parole Revocation Defense Unit, a Prisoners’ Rights Project, a Community Justice Unit, and a Special Litigation Unit. In each area, the Practice has developed innovative model projects that garner expertise and push both the practice and discourse of criminal justice forward. In the past year, the Practice represented nearly 230,000 clients in trial, appellate, and post-conviction matters and have pushed for critical reforms that end injustice and discrimination based on race, gender and poverty.
Day in and day out, our staff works to protect and fight for clients navigating justice system involvement. Our effectiveness stems from our work before, during, and after a criminal case. For example, Practice staff field intake inquiries from clients needing assistance, engage in vigorous bail advocacy, and work with clients’ families to mitigate the larger impact of an arrest. Holistic advocacy is the hallmark of our representation; our attorneys, paralegals, investigators and social workers explore all angles of allegations and charges, relentlessly seeking to avoid unnecessary, unjust incarceration and connect clients with critical resources that address ongoing needs and obstacles.
Our staff tackles every issue confronting our clients, pressing on questions like the validity of eyewitness identification and the need for access to police disciplinary records. The Practice’s units devoted to DNA and digital forensics evidence and litigation apply the latest advances in order to challenge the government and secure evidence essential to the defense of our clients. We elicit narratives that often include compelling stories of innocence and false accusations, a fuller development of the facts, and critical context. The results are dismissals, acquittals, placement in alternative to incarceration programs, reversals and even the clearance of wrongful convictions decades later.
Our courtroom advocacy goes far beyond individual cases. Through the work of our law reform units, Special Litigation and Prisoners’ Rights Project, systemic change is achieved. The Legal Aid Society was the driving force of fundamental reform when we sued, and won, the right for people who are arrested to be arraigned within 24 hours of arrest.
As the City’s primary public defender, we believe advocacy must not only take place in the courtroom, but in the communities where our clients live and work. Everyday our defenders are engaging clients, community members and advocacy groups helping to amplify the voices of people affected by a broken criminal justice system.
Practice members regularly testify before lawmakers and government agencies to comment on proposed legislation and provide insight on issues affecting our clients. The advocacy has led to important legislative victories. The Criminal Practice provides, in each forum, a critical and frequently overlooked voice, highlighting where reform is necessary.
Members of the Practice worked closely with New York City Council members to formulate a series of bills that would improve bail posting procedures, analyze the issue of ICE officers removing immigrant New Yorkers from our Courts and the need to increased accountability and transparency of the New York City Police Department. In addition to local hearings, members of staff have testified at New York State Assembly and Senate hearings and numerous, state and national panels, commissions and task forces. We believe that work to reform the criminal system is equally as important to the work we do on behalf of our individual clients.
The Decarceration Project
We Demand An End To Mass Incarceration
In June 2016, the Legal Aid Society launched the Decarceration Project, a bail reform initiative fighting to end the illegal incarceration of New York’s most vulnerable populations. The Project is dynamic, providing litigation support to trial staff, working on local and state policy, and running several separate initiatives aimed at reducing the Rikers population.
The Decarceration Project is a partner in the #CLOSErikers and #FreeNewYork campaigns and is a leading voice in several local and statewide bail reform coalitions, including the Bail Bond Accountability Coalition as well as the statewide bail reform coalition chaired by Katal. In 2017, the unit appeared in front of the City Council three times to testify on bail reform measures, algorithmic fairness, and progress towards closing Rikers Island. We have drafted several practice advisories, such as the one circulated last week on the new City Rules regarding bail. The unit has trained Legal Aid attorneys in all five boroughs and the new class, criminal defense attorneys in Westchester County, and lawyers in Albany at NYSDA’s annual trainer, as well as appearing on several panels and CLEs on bail reform. Our staff helped draft a letter to Governor Cuomo that Legal Aid co-signed demanding we work towards bail reform that does not include the introduction of dangerousness to the community, or the use of algorithmic risk assessments.
Earlier this year, the Decarceration Project won a landmark victory in a New York County Supreme Court case, People v. Bello. In ordering our client’s bail be lowered to an amount his family could afford on two cases, Justice Daniel Convisor ruled that “our extensive reliance on a pretrial detention through a bail system which often determines whether a defendant can remain at liberty based primarily on how much money he has is morally problematic, unduly expensive, and counterproductive to both the goals of efficiency and the principles of due process.”
The unit has partnered with two firms to further develop impact litigation strategies: Davis Polk & Wardwell and Quinn Emmanuel Urquhart & Sullivan.
You can find us online at www.unlockjustice.org (our new website is under development) and @decarceratenyc on Twitter.
Time saved campaign
In 2017, we launched the #TimeSaved campaign. The campaign highlights the work of Legal Aid Society paralegal case handler, Terry Davidson and his sentence calculator, and is pushing to reform antiquated sentencing practices to ensure that nobody is unjustifiably detained beyond their release date. This year Terry saved 50 clients an astonishing 4,805 days of needless incarceration, and taxpayers $2.6 million in jail and prison costs.
The Legal Aid Society launched an endeavor in October 2017 with the dawn of CPL 160.59 to help people to seal their records. Every day New Yorkers with criminal records are prevented from working, finding housing, and moving on with their lives because of criminal record discrimination. Case Closed is helping people to seal convictions under CPL 160.59 and working towards helping people with criminal records on a larger scale. Thus far, we have conducted community outreach throughout the 5 boroughs and engaged with the press to raise awareness about the law. We are working with law firms and law schools to assist with pro bono representation of sealing-eligible clients, and hope to engage additional pro bono support in the near future. All of the pro bono representation and sealing applications are being directly supervised by Emma Goodman, Project Creator. Many applications are in the process of being filed, and hundreds of thousands more people are eligible for sealing throughout the city.
In addition to direct representation in taking a more active role in advocating for broader legal reform regarding criminal record discrimination and expungement laws in New York State. Our hope is that this law is only the beginning in a much broader move to bring New York in line with dozens of states around the country that have much more progressive expungement and sealing laws. Having a criminal record should not stop you from having a successful and rewarding life. Case Closed is a step towards making that a reality.
The Community Justice Unit
The Community Justice Unit (CJU) was established in 2011 as part of the New York City Cure Violence (CV) model by the New York City Council’s Task Force to Combat Gun Violence. The CJU partners with CV sites to provide robust legal services to enable healthier and safer communities.
The goals of the CJU are to provide direct and comprehensive legal services as well as community outreach, legal education/clinics and trainings to the CV network. Our legal education clinics have empowered thousands of New Yorkers in high schools, community organizations and even in jails. These education efforts are a key component of our larger transformative public defender services. We support healthier communities by teaching their rights in the criminal and civil contexts, by demystifying legal systems and by explaining how to effectively access legal services.
FOIL THE NYPD GANG DATABASE
The Legal Aid Society launched its FOIL website in 2018 in order to streamline the process for New Yorkers to submit a Freedom of Information Law (FOIL) request to determine if they have been labeled by the New York City Police Department (NYPD) as a gang affiliate. Like the stop and frisk strategies that the NYPD relied upon in the recent past, the databases are likely to be over inclusive and inaccurate. Unlike the stop and frisk records, the databases are secret, do not require even a suspicion of criminality, and are not subject to Fourth Amendment protection and judicial review.
Currently, law enforcement maintains and shares databases alleging gang affiliations of individuals who are not notified or given the opportunity to challenge such designations. Information is collected on adults and juveniles (as young as 12 and perhaps younger) alike. Individuals are added to the databases, not based on criminal conduct but based on area of residence, association and appearance.
The Women’s Pre-trial Release Initiative
Keeping Families Together
The Women’s Pre-trial Release Initiative, supported in part by the Open Society Foundation, is an alternative to detention pilot program currently operating in Manhattan in partnership with Fedcap and the Open Society Institute. The Initiative is still in its pilot phase, and may soon expand to other boroughs. The Initiative’s goal is to close the Rose M. Singer facility on Rikers Island. After we identify incarcerated women, they are connected to services in the community that emphasis wellness, self-care and regular follow ups in order to ensure their return to court. These service packages are then presented to both the District Attorney’s office and the court for consideration of pretrial release. There are currently two Legal Aid clients enrolled in services and half a dozen being screened for potential release and participation.
The Project provides each participant with a path for building economic stability, wellness, and community through the following integral components:
• Strong immediate support and continued coordinated care.
• The crafting of both an Initial Service Connections Plan and Long-Term Individualized Plan, designed around each woman’s stated needs and present capacity.
• Assistance and advocacy in applying for benefits, securing housing and otherwise interfacing with governmental agencies like the Administration for Children’s Services and the Department of Homeless Services.
• Help in accessing medical assessments and necessary care.
• Structured employment training and job placement through Fedcap’s specialized programs.
• Financial literacy and assigned individual mentors in partnership with High Water Women.
• Self-care workshops given by community providers around wellness, goal orientation, financial literacy and smart spending, parenting, etc.
• Self-advocacy trainings by Fedcap’s Director of Social Justice Initiatives and different legal organizations on criminal, family, housing, education and mental health law.
The Manhattan Pilot Project
In March the unit launched a Pilot Project in Complex 1 in Manhattan. The Pilot paired an additional attorney, social worker and paralegal with the complex to assist trial staff in litigating bad bail decisions. The Pilot Project concluded in November after eight months of working in close partnership with staff attorneys in Complex 1. We served 141 clients and filed or helped file 99 bail challenges in court. Nearly half of the clients we worked with were released or posted bail, and the number of Complex 1 clients ROR’d after Criminal Court arraignment rose 167% from the same period in 2016. We are encouraged by these results and are eager to apply what we learned in the Pilot to help detained clients citywide.
Appeals and Impact Litigation
Currently the unit has several cases pending in both Appellate Divisions. There are two cases in the First Department, with one focusing on the inequities of the money bail system, and the other litigating the Manhattan District Attorney’s use of sealed records in a bail application. In the Second Department, the unit is litigating an Article 78 proceeding against a Queens judge who threatened to raise bail as part of a habeas proceeding.