? Answers to Frequently Asked Questions ?

1. Does the Legal Aid Society represent clients in civil matters?

Generally, no, although we do represent individuals in certain cases in the Nassau County Family Court. There, Legal Aid attorneys are assigned by the Court to represent financially eligible adults who are parties in matters concerning child custody and visitation, child neglect and abuse, family offenses (orders of protection) and termination of parental rights. We also represent respondents in paternity cases and in matters involving a violation of a child support order. The Legal Aid Society does not, however, represent parties in juvenile delinquency proceedings or in PINS (Persons in Need of Supervision) cases.

Primarily, however, we are a criminal defense organization. That means the vast majority of our clients have been charged with (or convicted of) one or more crimes in Nassau County. We also handle related matters in which parolees previously convicted of crimes in Nassau County are facing possible revocation of their parole for a variety of reasons.

Unlike some Legal Aid Societies (in New York City, for example), the Nassau County Legal Aid Society does not have a civil division aside from the Family Court Bureau described above. That means we do not handle any cases involving housing, employment, government benefits, or immigration matters. We also do not handle any lawsuits between private parties. For assistance with many of these matters, you can contact Nassau-Suffolk Law Services at (516) 292-8100. Nassau-Suffolk Law Services also provides legal assistance to those who are HIV-positive or have AIDS. The Volunteer Lawyers Project, affiliated with Nassau-Suffolk Law Services, may provide low cost legal representation in divorce proceedings. They can be reached at (516) 292-8299.

2. How do I get an attorney from the Legal Aid Society to represent me on my case?

We are not authorized to take on new clients until we have first been assigned to a particular case by a judge. The only narrow exceptions to this rule are that we represent any person being arraigned at the Nassau County District Court following arrest where that person is otherwise without counsel at the time of arraignment, and we are authorized to provide basic legal counsel and limited representation in certain pre-arrest situations (e.g., when we are contacted by a person whom the police are actively seeking to arrest or question regarding some alleged criminal activity). Aside from these two exceptions, all other persons charged with a crime but unable to afford a private attorney must first alert the court to their need. The court will then make a determination as to that person's eligibility for assigned counsel. If and when the court decides counsel should be assigned, an attorney from our office, or in some cases other assigned counsel known as an 18-B attorney, will be notified of that assignment, and representation can commence. A similar process takes place in the Family Court for non-criminal cases.

3. I already have an attorney representing me on my criminal case, but I would like some additional advice or a second opinion on legal strategy. Can I contact the Legal Aid Society for this purpose?

No. Under no circumstances will we provide legal advice to a person who is actively being represented by other counsel. To do so would be both unprofessional and quite possibly unethical. If you are dissatisfied with the representation you are receiving from a non-Legal Aid attorney, you should take whatever steps you feel are necessary either to resolve the underlying problem or, if that is not possible, to terminate that representation and obtain the services of a new attorney-either a private attorney or, if you are indigent, a court-appointed attorney by following the procedure outlined above. You should also be aware that you will typically need the court's permission to terminate the services of a court-appointed attorney, and you must provide a specific and valid explanation for your dissatisfaction before the court will do so.

4. Is the Defense Counsel Screening Board a part of the Legal Aid Society?

No. The DCSB was a completely separate and independently operated organization that is no longer operational in any event. The financial screening previously carried out by the DCSB as an aid to determining eligibility for assigned counsel is now (since January 2002) being carried out by the courts through the individual judge presiding over a given case. The Legal Aid Society plays no part in determining who is eligible for assigned counsel.

5. I have been charged with a crime in a New York county other than Nassau. Can the Nassau County Legal Aid Society still represent me or give me legal advice on my case?

No. We only represent clients who have been charged with crimes in Nassau County. If you have been charged in another county, you can click here to go to a list of Public Defense organizations throughout New York State organized county-by-county.

6. How do I take care of a warrant that was issued because I missed a court date?

This type of warrant is called a "bench warrant." In order to vacate this type of warrant in Nassau County, you need to do the following:

If the warrant was issued because you missed a court date in the District Court, you must go to the courthouse at 99 Main Street in Hempstead when the court opens at 9:00 a.m., check in at the clerk's office located to the left of the main entrance, and let them know you are there to vacate a warrant. They will tell you which courtroom to go to, and there, you will be able to discuss your case with one of the two Legal Aid Society attorneys staffing the courtroom on that particular day. They will stand before the judge with you when your case is called and explain to the judge why you missed your last court date. Hopefully, the judge will take into consideration the fact that you voluntarily returned to court and will give you a new court date and continue your previous bail status. However, you should be aware that the judge might well decide to increase your bail, and if you do not have that additional amount of money with you at the time, you will be taken into custody until your bail is paid. Accordingly, it is in your best interest to have someone accompany you to the courthouse with as much money as you can readily scrape together.

If the warrant was issued because you missed a court date in the County Court, you must contact the clerk of the County Court at 262 Old Country Road in Mineola and request a court date before the judge from whose courtroom you warranted. It will definitely be in your best interest to have an attorney present with you when you appear in court, given that the more serious nature of the cases handled in the County Court make it all the more likely that the judge will want to incarcerate you on higher bail pending resolution of your case, notwithstanding the fact that you voluntarily returned to court.

If the warrant was issued because you missed a court date in the Family Court, you must turn yourself in to the Sherriff in the basement of the Courthouse at 1200 Old Country Road in Westbury. You will be held until your case is called by a Judge or Hearing Examiner. It is recommended that you appear in the morning to ensure that your case is called that day and you are not held overnight before having your case called. You may be released on the day you appear, or bail may be set. Just as in the criminal courts, appearing in court voluntarily increases the liklihood that you will be released.

Additional Questions & Answers will be added to this page periodically. Check back again.