Criminal Defense

At arraignments last year, a student defender was assigned to represent a 16-year-old charged with an assault inside her high school. The student carefully reviewed the court documents with his colleagues and supervisors, and then interviewed his client in the holding cell behind the courtroom. The student then prepared an argument to have the charges dismissed based on defects in the pleadings and also prepared an argument to persuade the judge to release his client on her own recognizance. Although the motion to dismiss was denied, the client was released from custody.

The student defender spent the next several days researching the law pertaining to the charges, including the law of self-defense, and interviewing the client and numerous witnesses. During that time, the student learned that his client was now also facing a school suspension hearing at the Board of Education. The student met with experts in the field, including lawyers, social workers and guidance counselors, and defended his client at the hearing. The Administrative Law Judge found that the charges were not sustained and the client was able to stay in school. The student defender continued to meet with his client and her family and, together, they amassed a number of reference letters, report cards, and various certificates that compelled the prosecutor eventually to dismiss the charges.

As is the case with so many Clinic clients, the criminal charges led to additional, substantial problems in other legally related fora. Student defenders have represented their clients in many of these contexts, including Family Court, Housing Court, and even the Taxi and Limousine Commission. In each case, the student defender has much responsibility and is supervised carefully during a continual process of planning, doing and reflecting.

In addition to individual representation, student defenders may also work in some of the following areas:

• Felony Fieldwork: Student defenders assist outside counsel representing clients charged with felonies. This past year, students prepared legal memoranda, investigated, interviewed, and observed court proceedings on behalf of clients facing serious charges, including rape and capital homicide.
  
  
• Research paper: Students are required to research and write a substantial paper that will benefit indigent defenders and their clients. Recent topics are as varied as the collateral consequences of criminal convictions in New York State, the meaning of "youthful offender" status in the Criminal Court, the dangers awaiting the accused in Drug Treatment Courts and the place for "rebellious lawyering" in criminal defense practice.
  
  
• Appellate Practice: Students are exposed to criminal appellate practice through a visit to the New York State Court of Appeals to hear oral arguments on criminal cases. Students analyze the lower court opinions and meet with appellate counsel prior to attending the argument, and then examine the Court's decisions when they are issued. Past visits have included an opportunity to meet with members of the Court to discuss appellate practice and substantive law.