In New York City, Black and Hispanic residents are disproportionately stopped by the New York Police Department versus their white counterparts. People in lower socioeconomic brackets are also disproportionately stopped, with higher rates of stops mapping closely with the areas with the highest poverty rates.
Communities that are disproportionately affected by the criminal legal system often need more support throughout complicated court processes. Many people are unaware of their rights or have trouble navigating these complex processes, diminishing their ability to advocate for themselves. Defense attorneys are therefore crucial for evening the playing field between the state and the defendant, as they can use their legal expertise to advocate on behalf of their client.
The point at which a person should be provided with a defense attorney is often unclear, however. According to Rothgery v. Gillespie County, the right to counsel “attaches” once formal criminal proceedings have begun, but there is disagreement on when exactly during the criminal legal process that is. States have taken measures to define more clearly what hearing or point in the process marks the start of criminal proceedings because people can go through multiple important hearings without appointed counsel. In cases that cannot proceed without an attorney being appointed, drastic delays can occur and result in people being held in jail awaiting court proceedings. Moreover, the first plea offer can sometimes be made before a defendant is appointed an attorney, which severely limits the defendant’s ability to assess whether to take a plea and bargain for a more just plea offer.
Providing access to legal counsel quickly can help prevent unnecessary legal system involvement. Early access to defense counsel, or “early defense,” can support clients during early interrogations, preventing self-incrimination. And having early defense at bond hearings or first appearance can help prevent pretrial detention, which has disastrous consequences (PDF) for eventual case outcomes. Being held in jail while awaiting trial increases one’s chances of receiving a sentence with incarceration and results in longer average sentences compared with people released pretrial. Attorneys can also bargain for diversion or other off-ramps from the traditional criminal legal process, like problem-solving courts or deferred disposition agreements.
The Bronx Defenders (BxD) is a nonprofit public defense organization in Bronx County, New York. It serves a critical role providing early defense for any Bronx resident that needs it, the majority of whom are Black or Hispanic. BxD takes a holistic approach to public defense, connecting people at high risk of arrest with legal counsel and advocates before arrests occur and connecting defendants with counsel and advocates before public defense normally begins. Clients are helped at all steps of the criminal legal process, including before their case enters a courtroom (e.g., upon arrest, upon learning of a summons, during interrogations). According to data it collected internally, in 2023 BxD served more than 450 clients through its early defense hotline (a toll-free number anyone can call to access an attorney before any legal filing or detention), 93 percent of whom identified as Black or Hispanic.
Before receiving Catalyst grant support, how the hotline calls were handled and tracked was complicated—three separate call-routing layers and technology systems were used to connect a caller to a BxD staff member. In this system, clients were limited to choices of family or criminal court and English or Spanish language operators. Clients were not matched with an attorney based on their needs or individual situations. And staff had to be logged in to receive live calls, which further reduced attorneys’ ability to serve clients they were best suited to assist.
BxD used the Catalyst Grant Program to rectify these limitations by adopting more advanced technology solutions. Critical needs included synchronous and asynchronous call responses, collection and storage of data on clients’ needs and staff expertise, and client and practitioner privacy. Using Microsoft Azure, Dataverse, and Power Apps, and with the assistance of Slalom Technology Assistance, BxD created a custom call-routing, management, and storage system. In this new ecosystem, practitioners can set hours of availability, languages spoken, and skill sets, improving the ability to match attorneys with client needs. Client information is also securely saved to ensure returning clients can be served more rapidly with appropriate counsel.
Access to early defense is crucial for a fair criminal legal system and for reducing racial and economic disparities in that system. Call-management systems like BxD’s promote high-quality and accessible early defense services. Technology has made this solution more effective—BxD is on track to receive and address more than 2,700 calls in the new system’s first year. This means fewer Bronx residents will enter criminal legal proceedings without a defense attorney or advocate. Jurisdictions across the country could benefit from similar technology-driven solutions to early defense access.
