An individual seeking legal representation by a Public Defender may begin by completing an application. Applications can be found under the FORMS tab on the Assigned Counsel webpage.
The form on the webpage can be filled out and printed on your home computer. You can call the Assigned Counsel Office at 518-481-4123 to have an application mailed or you may pick up an application at the Franklin County Court House located at 355 West Main Street, Malone, NY 12953. (Use the entrance at the back of the building.)
How do I know if I have an eligible case?
The following is a general list of cases that may be eligible for representation by a Public Defender. Please note that this is a general listing and regardless of whether you see your case type on this list or not you should still apply.
- Is there a possible jail sentence?
- Parole revocation hearings.
- Extradition
- Crimes committed while in the custody of NYS Department of Corrections.
- Custody/Visitation by PARENTS. (STEP-PARENTS ARE NOT COVERED)
- Visitation by grandparents. (STEP-GRANDPARENTS ARE NOT COVERED)
- Neglect – Respondents ONLY, including Custodial Parents
- Support – VIOLATIONS ONLY, RESPONDENTS ONLY
- Family offense for Petitioner and Respondent
- Paternity - RESPONDENT ONLY
- JD/PINS; - Parents are eligible but only if the government wishes to take the children from the home or keep the children from returning home cases that are NOT eligible.
- DWAI – Driving while ability impaired, unlawful possession of marijuana
- Unlawful possession of marijuana
- Grand Jury
Applications must be fully completed and submitted with all supplementary documents that are required. Detailed instructions are provided with applications for both Family and Criminal matters. The following items are required and if not accompanying the application the application will be returned and could delay processing.
Applications are managed on a first come first served basis.
Required Documents for Criminal matters:
- The charges or accusatory instrument. (This would come in the format of a ticket, a petition, a document provided upon arrest showing the violation.)
- Violation of probation petition.
- Written statements or depositions of any witnesses.
- Proof of income. (Pay stubs, PA statements, SSI, unemployment or a signed and notarized affidavit stating you do not have income.
Required Documents for Family matters:
- A copy of your petition and summons. The petition details the current issue being considered by the court and the summons informs when you should appear before the judge.
- Proof of income. (Pay stubs, PA statements, SSI, unemployment or a signed and notarized affidavit stating you do not have income.
If the Assigned Counsel Coordinator has determined that you are eligible for a Public Defender, your case will be assigned in one of three ways:
- Public Defender's Office
- Conflict Defender's Office
- Private Attorney
Once you are assigned, you will receive a letter in the mail informing you which office you have been assigned. You must call the number provided immediately. The office to which you are assigned will provide the name of your attorney. The Office of Assigned Counsel only assigns the office the legal service is being provided through NOT the name of the attorney. If you are assigned to a private attorney, your letter will inform what the name of that Attorney's office is, as well as their phone number. If you are assigned to a private attorney, you must call the phone number provided immediately.
Yes. Completed applications for both Family and Criminal Court matters may be emailed directly to the Assigned Counsel Clerk at: efallon@franklincony.org
Completed documents include income verification and copies of the charges. Charges could be a petition or a misdemeanor traffic ticket. Please call 518-481-1423 if you have any questions.
