Defense for the Accused and Incarcerated

The Legal Aid Bureau of Buffalo’s Criminal Defense Unit is responsible for the mandated representation of indigent persons charged with offenses in the City of Buffalo. That includes misdemeanors under both the New York State Penal Law and the Vehicle & Traffic Law, as well as D and E Felonies.

We represent all indigent defendants at arraignment in Buffalo City Court. We then continue to represent those clients whose cases are charged as misdemeanors or below, so long as no conflict exists. We also continue to represent those charged with D and E Felonies that are later moved to the Superior Court. In addition, we represent approximately 1,100 clients a year whose cases are being adjudicated through the Treatment Courts of the Buffalo City Court, including Drug, Mental Health and Veterans Courts.

With attorneys and support staff, the Criminal Defense Unit handles cases for more than twelve thousand clients each year, rendering it the highest volume indigent criminal defense practice in Buffalo.

The attorneys of the Criminal Defense Unit are dedicated to ensuring that each client assigned to the office receives the very best criminal defense representation possible. We utilize a “client-centered” approach with the goal of achieving the best possible disposition, after a thorough investigation of the facts and an examination of the law as applied to those particular facts.

The Unit’s Holistic Representation Program, which is comprised of four social workers and three client advocates, seeks to provide our clients with intensive interdisciplinary advocacy by actively following their progress with mental health and SUD treatment, addressing their civil legal services needs and other issues that bring them into the criminal justice system, and engaging with the community organizations who are involved with our clients regularly, especially those offering behavioral health services.

Units Responsible For Defense for the Accused and Incarcerated Legal Services

Criminal Defense Unit
The Criminal Defense unit provides legal representation for individuals facing criminal charges, ensuring their rights are protected throughout the legal process.

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Are there any cases that OTC will not accept?

Domestic violence appropriate cases where the parties were or are intimate partners, as opposed to parent-child cases, those may be appropriate. High-level felonies or felonies where an individual is in custody and a felony hearing has not been run yet, or where the DA’s office objects.

Can Bail Money Be Used To Pay Fines?

Yes, bail money can be used to pay fines. Only the person who posted the bail can ask that the bail money be applied to pay the client’s fine or fee. To do this, the person who posted the bail has to submit a notarized statement to the Court Clerk. You will need to complete this form.

Does OTC treat both opiate and opioid addiction?

Yes.

How Can I Find Out How Much Bail I Need To Post?

You can find out by going in person to court(s) the client has pending cases in.
- For Buffalo City Court go to Criminal Records on the first floor.
- For Erie County Court go to the Chief Clerk’s Office on the ground floor.
You can also find out by calling the court(s) the client has pending cases in.
- For Buffalo City Court you can call (716) 853-9300. Select option 5 for “Buffalo City Court.” Then, select option 3 for “Criminal Matters.” Finally, select option 1 for “Criminal Records.”
- For Erie County Court you can call (716) 853-9300. Select option 2 for “Erie Supreme and County Courts.” Then, option 2 for “Criminal Matters” to be connected to the Chief Clerk’s Office.
You can also call the Erie County Sheriff’s automated system 24 hours a day at (716) 858-7636 to find out. First, select your language. Then, select option 1 for “information about facility and inmates.” Next, select option 1 for “information about criminal charges, court dates, bond amounts.” Finally, enter the “inmate id” or you can press 1 to search by name.
You can also contact the client’s attorney.

How do a get an attorney for my arraignment?

Every person arrested in the City of Buffalo is represented by an attorney from the Legal Aid Bureau of Buffalo at their arraignment unless you have hired a private attorney.

How do I complete the program?

Once you have been stabilized and ready to handle your recovery without the help of the program, you will graduate the program and receive a certificate!

How do I get a lawyer for my Arraignment?

Every person arrested in the City of Buffalo is represented by the Legal Aid Bureau of Buffalo at their arraignment unless you have hired a private attorney.

How do I get to OTC?

When a case first gets arraigned before any judge in Buffalo City Court, those who meet criteria for OTC will be screened for the court and their cases will be transferred for additional screening to OTC and to see is they wish to voluntarily participate in the program.

How do I make sure the Legal Aid Bureau of Buffalo will represent me?

If you are arrested in the City of Buffalo an attorney for the Legal Bureau appears at every arraignment. You do not have to contact the Legal Aid Bureau for an attorney. The Legal Aid Bureau of Buffalo represents EVERYONE at their arraignment. You will be “qualified” by a Legal Aid Bureau eligibility clerk before your arraignment to determine if you qualify to have an attorney from the Legal Aid Bureau AFTER your arraignment.

How Do I Post Bail?

There are several ways to post bail:

At Court:
- Buffalo City Court, Cashier Window, 50 Delaware Ave, Buffalo, NY 14202. You can post cash bail Monday – Friday from 9:00 a.m.- 4:30 p.m.
- Erie County Court, Chief Clerk’s Office, 25 Delaware Ave, Buffalo, NY 14202. You can post cash bail Monday – Friday from 9:00 a.m.- 4:30 p.m.

At the Jail:
- Erie County Holding Center, Cashier Window, 40 Delaware Ave, Buffalo, NY 14202. You can post cash bail 24 hours a day, 7 days a week.
- Erie County Correctional Facility, 11581 Walden Ave., Alden, NY 14004 You can post cash bail 24 hours a day, 7 days a week.
Through a Bondsman: You can locate a bondsman curbside at Buffalo City Court, through the yellow pages, through a Google Search for “Buffalo NY Bondsman,” or online through the New York State Department of Financial Services website. (Search for Buffalo in the “City” search box at the top of the chart. When you find a listing click the black and white circular icon in the far left column to expand the contact information for that listing.)
Online: This option is not currently available.

How Do I Request Bail Refund?

The person who posted the bail must go to the Courthouse where the case was held. You must provide proper identification, the original bail receipt. If the client voluntarily returned to jail, you must also provide the supporting documentation from the Sheriff’s Department. It is important to note that you will receive a check payment via mail, not cash in hand for money bail.

How long is the OTC program?

OTC is designed to be a 90-day program. However, every person’s treatment plan is individualized and may be longer or in rare instances, shorter.