Overview of Legal Aid in Canton
Legislation ensures that everyone is entitled to a fair trial and due process of law. It also guarantees that everyone has the right to be represented in civil and criminal matters, so long as they are unable to afford representation by other means. This is a major benefit to the people who need it most, and it is made available through legal aid services. These are local organizations that provide legal assistance to those who qualify, at little or no cost.
Canton, NY is one such example of a town that utilizes legal aid services to help members of the community get access to an attorney who can help them navigate the process of a personal injury trial, probate hearing , or other civil or criminal matter.
Any individual seeking legal aid services must meet certain income and financial requirements. Additional factors that may play into the approval process for legal aid services include whether the client is physically or mentally handicapped, a veteran, elderly, or a substance abuser. In essence, the goal of these legal aid services is to help people who truly cannot afford legal assistance be represented in trial or personal injury proceedings. There is a lengthy application the person must fill out, and then legal aid will determine whether the application was approved. If the application is denied, it is usually based on income.
There are legal aid clinics operated by the Legal Aid Society of Northeastern New York in Canton. This office is located at 4 Court Street, Suite 102, Canton, NY 13617.
Qualifying for Legal Aid in Canton
Legal aid services are provided on the basis of demonstrated financial need. Basically, you must show that you would be unable to afford an attorney and that you and your family do not have a combined annual income that is above a certain level. People in the Canton area that apply to receive legal aid are screened by the organization’s eligibility staff, who can approve or deny requests for legal aid services. In general, legal aid organizations tend to cover people who do not have sufficient financial resources to hire their own legal counsel. The maximum amount of assets that you must have in order to receive legal aid in Canton falls under the 125% of the poverty level guideline, which is set each year by the federal government.
Because legal aid groups are non-profit organizations, their income thresholds are higher than what you would find at other agencies or with other non-profit groups. For example, in order to qualify for legal aid, an individual must have an annual gross income of $12,560 while a couple must earn $17,280 on average. Each additional person in the family adds $4,720 to the upper limit for annual income. While legal aid does have some "wiggle room", it often depends on the type of case that is being presented to the court. For cases that do not fall within the categories above, any additional income can mean the difference between finding yourself with the assistance of a legal aid attorney or having to search for a Canton attorney on your own.
Case Types That Legal Aid Handles
Legal aid services are available for a wide range of legal issues residents of Canton and St. Lawrence County may face. Legal aid, at its core, is intended to provide people with effective legal counsel, even if they have little money or resources. This structure allows legal aid services to be available to those who might not otherwise be able to afford a lawyer. The types of cases that may be covered by legal aid include: Family law matters: Family law encompasses a significant number of legal issues. Some of the most common include divorce, child custody and child support. Legal issues involving children and visitation rights are particularly complex, as there are frequently multiple avenues toward justice. Legal aid can help mothers and fathers alike to ensure that their parental rights are not trampled upon, and that their children are fairly protected. Housing law: Your home is your haven. But what happens if you and your loved ones are forced out of your home? If you are facing eviction, or find yourself in the midst of a dispute with your landlord, legal aid can provide guidance and support. Housing-related issues range from foreclosure to non-payment of rent to legal responsibility for providing necessary services and documents to tenants who need them. Criminal defense: The criminal justice system relies on the principle of innocent until proven guilty. Even those thought to be guilty are innocent in the eyes of the law until evidence indicates otherwise. Legal aid can provide a unique set of advantages to those who are unable to hire legal counsel on their own dime. This is particularly important to revamping what is often perceived as a broken criminal justice system.
Steps for Applying to Legal Aid in Canton
In order to access legal aid services in Canton, individuals need to go through an application process to determine if they are eligible for assistance. The application process usually begins with a phone call or an office visit to a local legal aid organization. In the case of Canton, the St. Lawrence County Public Defender’s Office serves as the legal aid provider.
When you first contact the St. Lawrence County Public Defender’s Office, the staff will ask you to describe your legal issue and will inquire about your financial situation. This information will help them decide if you meet their eligibility criteria. Typically, they will require some form of identification, proof of income, and information about your household members to get started.
It’s helpful to have any relevant documents organized before you apply for legal aid. Common documents requested may include bank statements, employment records, and details about other resources you may have that can help with your legal matter. The ultimate goal of the application process is to confirm that you qualify for legal aid under their current requirements.
If you’re approved for legal aid, a representative will explore your legal options with you and assign an attorney to your case if one is necessary. They will also help guide you through the legal process and provide you with resources that can assist in your situation. Make sure to provide all requested information in a timely manner to avoid any unnecessary delays in the application process.
Canton residents needing legal assistance should contact the St. Lawrence County Public Defender’s Office directly at (315) 379-2236 or (315) 379-2202.
Nearby Legal Aid Programs and Agencies
Legal Aid Society of Northeastern New York
The Legal Aid Society of Northeastern New York (LASNNY) serves St. Lawrence County, where Canton is located, as part of its broad mission to provide free legal services to low-income residents throughout a 15-county area. The Canton office of LASNNY was established in the early 1970s by local legal aid attorneys and community leaders. Over the years, it has expanded to serve more than 11,000 individuals of varied backgrounds who are living at or below the poverty level.
The Canton office takes on nearly 1,400 cases per year, covering a broad range of legal issues from elder law to family law. Like many legal aid organizations, it relies on grants and public funding to provide its services. In 2016, it received nearly $800,000 in legal funding from the Legal Services Corporation (LSC), a national organization dedicated to promoting equal access to our nation’s justice system.
A project of LASNNY, the Canton office provides 10 full-time staff members and two part-time staff members to assist area residents with a variety of legal needs.
Legal Services of North New York
The mission of Legal Services of Northern New York (LSNNY) is to provide access to justice for all by providing high-quality legal services to low-income people facing the most difficult problems of their lives. From 2010 through 2014, LSNNY assisted over 4 , 000 clients in St. Lawrence County alone. The organization stresses that no one is turned away for a lack of financial resources, and even if the organization cannot assist a client with a case, it may be able to recommend another qualified organization. The organization’s Canton office is located in the St. Lawrence County Courthouse.
While LSNNY generally serves eligible residents of other counties in the northern part of the state, Canton residents are also eligible for its services, which include legal assistance, mediation, intake, and pro bono programs. Some of its areas of practice include help with obtaining shelter, with immigration matters, in family law matters, and for the elderly. Like the other legal aid organizations, LSNNY employs grant and public funding to carry out its mission.
St. Lawrence County Department of Social Services
The St. Lawrence County Department of Social Services (SLCDSS) provides confidential legal services and representation for children and spouses involved in child neglect and custody proceedings. To qualify for such support, families must have an income at or below 150 percent of the poverty level. SLCDSS employs several full-time staff attorneys to handle these cases.
In addition, the SLCDSS is also responsible for assisting individuals with filling out applications for certain social services programs, determining eligibility, and recommending the appropriate course of action for those who do not qualify for assistance.
Common Challenges with Legal Aid
Canton faces an array of challenges surrounding the provision of legal aid services. Chief among them are funding issues. Legal aid services require compensation, and in the case of Canton, such compensation is acquired from multiple sources. There are budgetary restrictions that are imposed on the local, state, and federal levels. Without a solid foundation, these legal aid entities cannot sustain their in-house legal professionals and to make matters worse, without compensation, there is no incentive for pro bono professionals to take on cases (and there are simply not enough legal professionals who can provide pro bono service to service the entire community). As a result, each year legal aid services accrue ever expanding and overlapping case backlogs. The below breakdown gives a snapshot of the situation that residents in Canton are currently facing: The above numbers represent a huge burden on residents in Canton but unfortunately, the problems that Canton faces are not unique. These problems are systemic in the U.S. Legal aid services have been plagued with funding issues, and as a result, legal professionals across the nation are struggling with not only backlogged cases but the high costs of practice. In Canton, this problem has reached critical mass, where simply put, there are not enough resources to provide the level of service necessary to meet the complex needs of the community.
Gains from Legal Aid
Accessing legal aid services has several benefits:
- Specialized Assistance: Legal aid services in Canton provide individuals with the resources and professional assistance they need in a specific area — like family law (domestic violence or child custody), tax law, or estate planning (wills, trusts, and probate).
- Advocacy: Legal aid organizations are often able to represent clients throughout their legal matters, often helping those clients achieve better outcomes. For example, when Anna came to the St. Lawrence County Public Defender’s office with drug charges, her case worker was able to refer her to an organization that would help her get off drugs and keep her children. They were also successful in negotiating a plea for her with a "program" condition rather than prison time.
- Uncontested Matters: Legal Aid Law provides attorneys or advocates to help with uncontested matters, such as a divorce, adoption, disability benefits, Social Security, wills and living trusts, avoidance of a spend-down in nursing home situations for Medicaid eligibility and more.
- No-Fee Representation to Those Who Qualify: Legal aid services are sponsored by nonprofit organizations at no cost to those who qualify; there is no hourly rate, no administrative fees and — for those who qualify — no retainer . Individuals who are denied free legal aid may still be able to get help on a sliding fee scale.
- Help with Family Issues: Domestic violence, separation, child custody and access, child support, adoption, divorce, domestic relations, estate proceedings and guardianship matters are just some of the issues that are handled by legal aid services in Canton.
- Appellate Services: Appellate services are available to help with custody appeals, civil and criminal appeals, cases involving no economic means and psychological/legal incompetence, involuntary psychiatric admissions and outpatient commitment, child protective proceedings, termination of parental rights hearings, paternity cases, and post-judgment relief in matters of child support, alimony/spousal maintenance and divorce.
- Housing/Immigration Problems: Legal aid service attorneys can provide support and legal assistance for landlord/tenant problems, asylum representation and green card applications.
By using legal aid services, eligible individuals in Canton can get the legal aid they need for almost any circumstance they encounter.