- About Us
- What We Do
- Special Projects
- Clemency
- Federal Litigation Advisory Group
- Forensic Science Project
- Immigrant Justice Practice
- Impact Litigation Project
- Access to Appeals
- Justice First Project
- Legislation Committee
- Racial Justice Project
- SORA
- Survivors Advocacy Practice
- The Plea Project
- Youth and Emergent Adult Resentencing Project
- Youthful Offender Reapplication Project
- For Clients & Families
- For the Legal Community
The Plea Project
Our criminal legal system is predicated on a system of guilty pleas.
Trials are a rarity (though they still comprise a majority of CAL’s cases) with over 95% of felony cases resolved by guilty pleas in our jurisdiction – the Bronx and Manhattan. Most guilty pleas are entered in a matter of minutes with some sentencing proceedings lasting even less time. Almost all defendants are told they must waive their right to appeal as part of the sentencing bargain.
At Cal
Clients who have pleaded guilty are treated with the same respect and dignity as all of our clients. Their cases are carefully examined, typically by a supervising attorney or a senior appellate attorney with extensive experience with plea cases. Waivers of the right to appeal are aggressively challenged. Predicate convictions, particularly those from out-of-state, are scrutinized. Refunds are sought for fees that violate the ex post facto clause. Excessive sentences and illegal sentences are always litigated.
To ensure that we do no harm, risks associated with plea vacaturs are identified and discussed at length with our clients before proceeding. Our clients, with full advice and consultation, make the decisions on whether to seek withdrawal of their pleas.
Although commonly done by other providers in the plea context, so-called Anders or no merits briefs are rarely filed at CAL. We believe that those briefs represent a breakdown in the attorney-client relationship. We would rather spend our time meeting with our clients, discussing the issues with them, and jointly deciding on the course of action, instead of writing a brief that takes a position adverse to our client.
The full panoply of CAL resources are also available to clients who have pleaded guilty. The Immigrant Justice Project works with our non-citizen plea clients, while our parole advocacy and reentry programs work to smooth the transition upon our clients’ release. Conditions of confinement are addressed and our social worker is available to meet with family members or recently-released clients. In short, CAL’s commitment to legal excellence and to assist our clients wherever possible remains unwavering for our plea clients as with all our clients.
Other Special Projects
CLEMENCY PROJECT
Executive clemency is powerful tool for those who are still suffering the consequences of past convictions.
FEDERAL LITIGATION ADVISORY GROUP
Although CAL legal advocacy for its clients often ends at the Court of Appeals, it is essential that we devote meaningful attention to criminal federal court proceedings.
FORENSIC SCIENCE PROJECT
Started in 2018, FSP litigates (and supports the litigation of) claims involving forensic science.
IMMIGRANT JUSTICE PRACTICE
Our Immigrant Justice Practice (IJP) zealously pursues post-conviction relief for noncitizen clients to advance their rights and protect them from the threat of immigration incarceration and deportation as a result of their criminal conviction.
Impact Litigation Project
The Impact Litigation Project develops and implements impact-litigation strategies for changing the law by fighting for legal rulings in criminal and civil cases that bolster liberty.
IN FORMA PAUPERIS & ACCESS TO APPEALS
After an indigent individual pleads guilty or is found guilty at trial, they are all too often forgotten about and lost to the system
JUSTICE FIRST
There is no longer any debate that the criminal justice system generates wrongful convictions, cases in which innocent people are sentenced to long periods of prison for crimes they did not commit.
RACIAL JUSTICE PROJECT
The criminal legal system is a particularly stark and sobering example of the myriad ways in which racial bias and inequity infect our society.
SORA
In New York, individuals who are released from prison after completing their sentences for sex offenses must register with the Division of Criminal Justice Services.
SURVIVORS ADVOCACY PRACTICE
CAL’s Survivors Advocacy Practice represents survivors of domestic violence and human trafficking who are seeking post-conviction relief.
Youthful Offender Reapplication Project
Youthful Offender Adjudication is an immensely important disposition for young people since a "YO" adjudication is not a conviction.
Youth and Emergent Adult Resentencing Project
Haunted by the reality that young adults whom CAL represented years and sometimes decades earlier are still serving the crushing sentences imposed by the trial court and unremediated on appeal, CAL developed the YEARS project.