Assigned Counsel Services
"...You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you."
The Osborne Association's Assigned Counsel Services (ACS) assists lawyers assigned to represent indigent defendants in New York City courts. Social workers and counselors evaluate defendants referred by lawyers on the Assigned Counsel Panel, and develop individualized plea and sentencing recommendations to encourage the use of community-based punishment and treatment options. Recommendations are based upon in-depth investigations and psycho-social evaluations of the defendant, carefully matching the needs of both the defendant and the court with available programs.
The Osborne Association began providing these services to assigned counsel in the Bronx in 1985. We have since expanded to work citywide. Throughout our 15 years of service, we have worked with thousands of felony defendants, including probation and parole violators. Our services have resulted in pretrial release, non-incarcerative sentences, or lower sentences in more than 70 percent of felony cases. ACS staff have backgrounds in social work, law, and/or counseling. They are familiar with available community resources and local plea practices and are specially trained in bail and sentencing advocacy.
Pervasive problems among our client population such as chemical dependency, learning disabilities, homelessness, HIV infection, and mental illness cannot realistically be addressed by lawyers. Yet unless defendants are provided with social services and other interventions, they will be needlessly incarcerated and denied essential treatment.
Frequently Asked Questions:
What Does Assigned Counsel Services Offer?- Sentencing Advocacy
ACS develops individualized plea and sentencing recommendations to encourage the use of community-based punishment and treatment options. Applicable law and available community resources, as well as the needs of the defendant, defense counsel, the prosecutor, the court, and the community are all taken into account. - Motion Advocacy
ACS prepares supporting affidavits for bail applications, Clayton motions, and motions for removal to Family Court based on investigation and assessment of each defendant's background, community ties, treatment needs, and other relevant factors. - Referrals
ACS can make appropriate referrals to mental health, HIV, and substance abuse treatment, as well as to educational and vocational placements. - Monitoring
ACS carefully monitors pre-trial and postconviction clients whose release plans have been approved, and updates the court and counsel. - Interviewing & Escorting
ACS staff visit Rikers Island and other City detention facilities to interview clients and, when necessary, will escort clients from such facilities and court to approved release programs. - Technical Assistance
ACS will identify medical, psychological, educational and other experts and provide treatment and other service referrals to defense counsel. - Juvenile Offender Services
ACS has specialized staff providing services for defendants under the age of 16 who are being charged in the adult system. Services include those listed above, plus educational placement services, assuring appropriate school enrollment and academic support.
Most lawyers make every effort to provide their clients with the best possible defense, but they are rarely aware of all the community resources available for defendants who, without supervision and/or services, would not be considered good candidates for release or probation. Lawyers are not generally trained to evaluate or make recommendations for treatment and other services.
How is eligibility for services determined?
Assigned Cousel Services is available to assist all lawyers on the Assigned Counsel Panels in all five boroughs of New York City on cases to which they have been assigned. Eligibility is determined after an interview with the defendant and a review of information provided by the attorney. ACS targets only those cases in which the defendant would otherwise be detained pretrial or sentenced to a term of incarceration of six months or more.
What is the Cost of our service?
ACS is free to appointed counsel in assigned cases, and to their clients. Occasionally lawyers are asked to seek reimbursement from the court for certain services. ACS is funded by the City and State of New York, and the United States Department of Justice, Bureau of Justice Assistance.
How do I refer a case to ACS?
Because ACS is a defender-based advocacy program, we can only become involved in a case at the request of defense counsel. If a case is referred by a judge or other party, ACS will contact the assigned counsel to offer services. Most cases are referred directly by lawyers, who then fill out a Request for Services and provide ACS with their clients' Criminal Court complaint, NYSID sheet, indictment papers, and CJA "ROR" sheet.
To make a referral or request a referral form, contact:
The Osborne Association
Assigned Counsel Services
175 Remsen Street, 8th Floor
Brooklyn, NY 11201
Phone: 718/637-6560
Fax: 718/237-0686
Lois Taylor, Program Director
E-mail: ltaylor@osborneny.org
Rebecca Holland, Esq., Legal Director
E-mail: rholland@osborneny.org