Supporting Public Defense

MOCJ oversees the disbursement of approximately $335 million dollars in city funding and $125 million in state funding to support criminal indigent defense in New York City. MOCJ contracts with legal service organizations to provide trial-level and appellate legal representation to criminal defendants and certain Family Court respondents or other adult parties who cannot afford to pay for their own lawyers. MOCJ also works with the Assigned Counsel Plan (ACP), which supports indigent legal representation through attorneys who are compensated under Article 18-B of the New York County Law and who are assigned if a conflict prevents an institutional provider from taking the case.

Criminal Trials Representation

Trial-level criminal cases are heard in Criminal Court or Supreme Court. Once a defense attorney is assigned to a criminal case, they meet with their client and conduct a comprehensive investigation of the evidence. Counsel then engages with the prosecution and judge on pre-trial issues such as securing orders, bail, or settlement. If a resolution cannot be arrived at, the attorney and relevant support staff, including social workers, investigators, paralegals, and other experts, work to prepare the case for trial. Defendants can only be convicted on their guilty plea or a finding of guilt after trial. Following a conviction, individuals are sentenced, which can range from fines, restitution, and probation to incarceration. Both the prosecution and defense are entitled to appeal the sentence that is imposed after a guilty verdict.

Indigent criminal defense representation is provided in all five boroughs by one or more of MOCJ’s six contracted legal service providers (as well as by Article 18-B attorneys in all boroughs):

• Legal Aid Society 
• Brooklyn Defender Services
• Bronx Defenders
• Neighborhood Defender Service of Harlem
• New York County Defender Services
• Queens Defenders

Criminal Appeals Representation 

Criminal appeals attorneys and client services provide support on criminal appeals and other post-conviction proceedings to indigent defendants who have been convicted of a crime after a trial or guilty plea. These cases are heard in the Appellate Term, Appellate Division, and Court of Appeals and include direct appeals of felony convictions, Sex Offender Registration Act hearings (SORA), wrongful conviction hearings, parole board advocacy, and conditions of confinement advocacy.

Appeals are assigned to counsel by the Clerk of the Appellate Division in the First Department or Second Department. Once an attorney is assigned, a brief raising the appellate claim(s) is submitted to the court by the attorney. A responding brief is then filed by the prosecution. The case is then calendared, reviewed by a panel of judges, and adjudicated. Favorable decisions can range from a reduced sentence to the reversal of a conviction and a new trial.

Indigent criminal appellate representation is provided in all five boroughs by one or more of MOCJ’s four contracted legal service providers (as well as by Article 18-B attorneys in all boroughs):

• Appellate Advocates
• Center for Appellate Litigation
• Legal Aid Society 
• Office of the Appellate Defender

Family Court Adult Representation 

Legal representation of indigent adults in certain Family Court proceedings under Article 10 of the New York Family Court Act is mandated by the New York State Constitution and by §262 of the Act. Petitions alleging child neglect or abuse are brought under Article 10 and filed by the Administration for Children’s Services (ACS) in Family Court. Representation maybe court-ordered and may begin before a court case is filed against the parents or other custodial adults. Representation may also include additional Family Court matters that arise during the original proceeding, including but not limited to custody, paternity, family offense matters, interlocutory appeals, and subsequent termination of parental rights (TPR) proceedings.

Article 10 and Family Court adult representation is provided in all five boroughs by one or more of MOCJ’s four contracted legal service providers (as well as by Article 18-B attorneys in all boroughs):

• Brooklyn Defender Services
• Bronx Defenders
• Neighborhood Defender Service of Harlem
• Center for Family Representation