Criminal Matter Benefits

As stated earlier, the benefits of the Legal Services Fund are divided into three categories: General Matters, Civil Matters, and Criminal Matters.  This section is concerned with benefits provided by the Fund that relate to Criminal Matters in both state and federal courts arising from arrests for “violations,” “misdemeanors” and “felonies” and also for Criminal Consultations.

A Fund member’s spouse/domestic partner and eligible dependents are eligible for most Criminal Matters Benefits, but only when the member elects to have the Fund provide such benefits. See the Welfare Fund section for the definition of eligible dependents. The spouse/domestic partner and eligible dependents of an eligible part-time employee are excluded from coverage for Criminal Matters benefits.

24-Hour Answering Service

The Fund maintains a 24-Hour Answering Service, telephone number (212) 677-5252, or (212) 677-3900. This service is provided so that a criminal attorney may be reached as quickly as possible to protect the rights of a member, spouse/domestic partner or eligible dependent who is arrested in a non-work-related situation.

If you are arrested, you or a person acting on your behalf (coworker, friend, family member, etc.) should call the Fund Office (212-677-5252 or 212-677-3900); if the Office is closed, the Answering Service will pick up your call.  A criminal attorney will be provided to you as soon as possible, and, if necessary, cash bail (up to $2,500) will be posted by the Fund.

Bail Benefit for Covered Members

Who is Eligible

Any covered member who is arrested in a non-work-related situation in any jurisdiction covered by the Fund (see the section called “Geographic Area of Coverage.”)

What is the Benefit

The Fund will post Cash Bail of up to $2,500 for any member who is arrested in a non-work-related situation on a criminal charge.

How to Obtain the Benefit

To obtain the Bail Benefit, you or a person acting on your behalf (co-worker, friend, family member, etc.) should telephone the Fund Office at (212) 677-5252, or (212) 677-3900.  The Fund will post bail for you, up to the $2,500 limit.

Bail Benefit for Spouse/Domestic Partner And Eligible Dependents

If requested by the Fund member, the Fund will post Cash Bail of up to $1,500 for the member’s spouse/domestic partner or eligible dependent who is arrested on a criminal charge not related to City employment, in any jurisdiction covered by the Fund. 

Criminal Defense Consultation Benefit

Who is Eligible

Any covered member or interested person (friend, relative, family member, etc.) at the request of a covered member is entitled to this benefit.

What is the Benefit

The Fund will provide a covered member or another person at the request of a covered member (friend, relative, family member, etc.) with the opportunity to consult a criminal attorney for one half-hour session concerning the Criminal Defense of a covered member, spouse/domestic partner or eligible dependent, at no out-of-pocket expense. The Criminal Consultation may concern any criminal charge against a Fund member, spouse/domestic partner or eligible dependent, in any jurisdiction.

How to Obtain the Benefit

To obtain the Criminal Defense Consultation Benefit, you or a person acting on your behalf should contact the Legal Services Fund Office. An appointment with a criminal attorney will be arranged, and you will have to fill out the appropriate claim form provided by the criminal attorney.

Criminal Defense Benefit (Two each year)

Who is Eligible

Any covered member who is a Defendant in a criminal action arising from a non-work-related incident. Use of the Criminal Defense Benefit is limited to two Criminal Matters each calendar year.

What is the Benefit

The Legal Services Fund will provide a covered member with a criminal attorney when the member is accused of committing any of the following in a non- work-related situation: a Violation, Misdemeanor, or up to a Class B Felony, in both state and federal courts.

Exclusions And Limitations Excluded from the Criminal Defense Benefit are the following:

1. Traffic infractions;

2. Appeals from convictions for covered charges;

3. Class A-1, A-2 or A-3 Felony Charges;

4. A charge of murder, manslaughter, or an attempt at either;

5. Appearances by a panel attorney before the District Attorney or Police Department regarding matters unrelated to the arrest;

6. Charges in jurisdictions outside the Fund’s Geographic Area of Coverage.

How to Obtain the Benefit

To obtain this Benefit, you or anyone acting on your behalf should contact the Legal Services Fund Office.  An appointment with a criminal attorney will be arranged for you and the attorney will provide you with the appropriate claim form.

Criminal Traffic Offenses Benefit (One Each Year)

Who is Eligible

Any covered member who is a Defendant in a criminal action arising from his/her operation of a motor vehicle in a non-work-related situation. The spouse/domestic partner of a Fund member is also eligible for this benefit, if the Fund member requests that it be provided. Dependent children are not eligible for the Criminal Traffic Offenses Benefit. Use of the Criminal Traffic Offenses Benefit is limited to once each calendar year by a Fund member and his/her spouse/domestic partners.

What is the Benefit

The Legal Services Fund will provide a covered member or a Fund member’s spouse/domestic partner with a criminal attorney when the member or spouse/domestic partner is charged with a traffic offense or offenses which would result in suspension or revocation of the defendant’s driver’s license upon conviction. This benefit includes charges such as Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI), Leaving the Scene of an Accident, Driving with a Suspended License etc.

Exclusions And Limitations Excluded from the Criminal Traffic Offenses Benefit are the following:

1. Charges in jurisdictions outside the Fund’s Geographic Area of Coverage;

2. Non-criminal traffic offenses which result in suspension or revocation of a license (e.g., third speeding offense within 18 months; exceeding the maximum allowable points, etc.);

3. Charges of homicide, assault or an attempt at either, and charges of criminal negligence resulting in death or serious physical injury arising out of the operation of any motor vehicle;

4. Charges of leaving the scene of an accident where death or serious physical injury has resulted;

5. Work-related matters;

6. Appeals from convictions for covered offenses;

7. Charges unrelated to traffic offenses that involve suspension or revocation of a driver’s license as a penalty upon conviction;

8. Any matter excluded from the Criminal Defense Benefit;

9. Any matter for which the Fund member does not wish to provide legal services to his/her spouse/domestic partner.

How to Obtain the Benefit

To obtain the Criminal Traffic Offenses Benefit, you or anyone acting on your behalf should contact the Legal Services Fund Office. An appointment with a criminal attorney will be arranged and the attorney will provide you with the appropriate claim form.

DMV Refusal Hearing Benefit

Who Is Covered

Any covered member who is subject to a hearing at the NYS DMV to determine whether he or she refused to take a breathalyzer and/or chemical test in connection with being arrested for driving while intoxicated and/or impaired (DWI/DWAI). The Legal Services Fund shall only provide such representation when the member is also being represented in a related criminal proceeding under the Legal Services Fund Plan of Benefits.

What is the benefit

If the member is being represented on an underlying criminal case for DWI/DWAI through the Plan of Benefits, the member may also request representation at a Refusal Hearing before the NYS DMV.  At such hearing, an Administrative Law Judge will determine, among other things, whether the police had a legal basis to request a breath, blood or chemical test and whether the driver was warned in clear and unequivocal language that refusal to submit to such a test would result in revocation of the driver’s license for one year whether or not convicted of a criminal DWI/DWAI offense.

How to obtain the benefit

To obtain the DMV Refusal Hearing benefit, contact the Legal Services Fund to request an appointment.

Criminal Defense Of Dependents Benefit (Two Each Year)

Who is Eligible

This benefit will be provided to a Fund member’s eligible dependents (spouse/domestic partner and unmarried dependent children up to age 19, or age 23 when an unmarried full-time student) once the Fund member contacts the Fund Office to request that it be provided. The dependent (spouse/domestic partner, or covered child) is not automatically entitled to legal services for defense against charges included under the benefit, but will receive such services only when the Fund member elects to have the Fund provide them.  Use of the Criminal Defense of Dependents Benefit is limited to two matters each calendar year.

What is the Benefit

The Legal Services Fund will provide a covered dependent with a criminal attorney upon application by the Fund member on behalf of the dependent, when the dependent is facing prosecution for any Violation, Misdemeanor, or up to a Class B Felony Charge. This Benefit provides attorneys’ services for defense against charges arising from acts of civil disobedience, protest and similar accusations.

Exclusions And Limitations Excluded from the Criminal Defense of Dependents Benefit are the following:

1. Work-related charges, where the covered dependent is an employee of the City of New York;

2. Any matter for which the Fund member does not wish to provide legal services to his/her covered dependent;

3. Any criminal charge not specifically enumerated as covered by this benefit;

4. Any matter excluded under the Criminal Defense Benefit for covered members (e.g., Traffic Infractions; Appeals; charges outside the Fund’s Geographic Area of Coverage.

How to Obtain the Benefit

To obtain this benefit, you should contact the Fund Office on behalf of your covered dependent.  An appointment with a criminal attorney will be arranged for your dependent, and the attorney will provide the appropriate claim form.

Family Court Representation Benefit

Who is Eligible

The dependent child of a Fund member charged in a Juvenile Delinquency proceeding in Family Court.

What is the Benefit

The Fund will provide an attorney to defend the rights of a dependent child of a Fund member who is charged in a Juvenile Delinquency proceeding in Family Court in any jurisdiction in the Fund’s Geographic Area of Coverage.  These services will be provided at no cost, if requested by the Fund member, irrespective of whether the offenses charged would, if the dependent were of legal age, constitute a Felony or a Misdemeanor.

How to Obtain the Benefit

To obtain this benefit, you should contact the Fund Office on behalf of your covered dependent. An appointment with a family court attorney will be arranged for your dependent, and the attorney will provide the appropriate claim form.

Exclusions And Limitations Excluded from the Family Court Representation Benefit are the following:

1. Any matter for which the Fund member does not wish to provide legal services to his/her covered dependent;

2. Any matter excluded under the Criminal Defense Benefit for covered members (e.g., Traffic Infractions; Appeals; charges in jurisdictions outside the Fund’s Geographic Area of Coverage.

Family Offense Proceeding Benefit (two each year)

Who is covered

Any covered member who is a respondent in a Family Offense Proceeding under the Family Court Act.

What is the benefit

If the covered member is a respondent in a Family Offense Proceeding in which another family member or acquaintance, as defined under the Family Court Act, seeks to obtain an Order of Protection against the covered member, this benefit provides legal counsel to defend against the issuance of an Order of Protection, to limit the scope and to defend against a Family Court proceeding for a claimed violation of a Family Court Order of Protection.

How to obtain the benefit

To obtain the Family Offense Proceeding Benefit, contact the Legal Services Fund to request an appointment.

Order of Protection Consultation Benefit

Who is covered

Any covered member who has been subjected to harassment, threats or acts of violence, who seeks legal protection from further harm.

What is the benefit

Any covered member who has been subjected to harassment, threats or acts of violence may obtain a consultation with an attorney to determine what appropriate legal action is available to protect them from continued harassment, threats or acts of violence including advice on how to obtain an order of protection.

How to obtain the benefit

To obtain the Order of Protection Consultation benefit, contact the Legal Services Fund to request an appointment.

Application For A Certificate Of Relief From Civil Disabilities Benefit

Who is Eligible

Any covered member whose civil rights or eligibility for permits, licenses or occupational advancement have been adversely impacted as a result of a criminal conviction in any jurisdiction in the Fund’s Geographic Area of Coverage, whether or not the member was eligible for Fund benefits when the conviction occurred.  This benefit is limited to covered members only.

What is the Benefit

The Fund will provide an attorney’s services to prepare necessary documents, consult with Probation and Parole authorities, and appear in court in support of an application for the issuance of a Certificate of Relief from Civil Disabilities for any covered member.

Exclusions And Limitations Excluded from the Application for a Certificate of Relief from Civil Disabilities Benefit are the following:

1. Matters arising in jurisdictions outside the Fund’s Geographic Area of Coverage, or requiring the filing of an Application for a Certificate of Relief from Civil Disabilities in such jurisdictions;

2. Matters arising from convictions in Federal Court;

3. Matters arising from convictions for Class A-1, A-2, or A-3 Felony charges, or from charges of murder, manslaughter, or an attempt at either.

Department Of Motor Vehicle Hearings And Applications For License Restoration

Who is Eligible

Any covered member who is affected by a proposed revocation of his/her license to operate a motor vehicle, or who is seeking restoration of such a license. This benefit is limited to covered members only. 

What is the Benefit

The Fund will provide an attorney for covered members in connection with hearings convened by the New York State Department of Motor Vehicles or the New Jersey Motor Vehicles Commission arising either from fatal accidents or who seeks license restoration after a revocation based on the accumulation of traffic citations or offenses. Attorneys’ services will also be provided to represent any covered member in connection with any application for the restoration of a license to drive, whether the license was revoked as a result of a poor driving record, a conviction for Driving While Intoxicated, etc.

 How to Obtain the Benefit

To obtain this benefit, contact the Fund Office to request an appointment.  At the time of the appointment, you and the assigned attorney will provide you with the appropriate form.

Exclusions And Limitations Excluded from the NYS Department of Motor Vehicle and NJ Motor Vehicle Commission Hearings and Applications for License Restoration Benefit are the following:

1. Any matter that cannot be handled within the Fund’s Geographic Area of Coverage;

2. Applications for license restoration where the license was revoked as a result of a conviction under the United States Code for conspiring to overthrow the government.

Federal Criminal Defense Benefit

Who is Eligible

Any covered member who is a Defendant in a criminal action arising from a non-work-related incident. Use of the Criminal Defense Benefits, both state and federal, is limited to a total of two Criminal Matters each year.

What is the Benefit

The Fund will provide a member with a criminal attorney when the member is accused of committing a federal crime except for those matters which are excluded from coverage in the case of a state court prosecution.

Exclusions And Limitations Excluded from the Federal Criminal Defense Benefit are the following:

1. Traffic infractions occurring in federal jurisdictions;

2. Appeals from conviction;

3. Charges in jurisdictions outside Fund’s Geographic Area of Coverage;

4. Matters that are excluded in the case of a state court prosecution (e.g., murder, manslaughter, or an attempt at either, Class A drug offenses).

How to Obtain the Benefit

To obtain this benefit, you or anyone acting on your behalf should contact the Legal Services Fund Office. An appointment with a  criminal attorney will be arranged for you and the attorney will provide you with the appropriate claim form.

Interrogation Benefit

Who is Eligible

Any covered member is entitled to this benefit.

What is the Benefit

The Fund will provide a member with a criminal attorney when the member requires representation for an interrogation before any law enforcement agency – city, state or federal, within the Fund’s Geographic Area of Coverage.

Exclusions And Limitations

The Interrogation Benefit does not cover interrogations in jurisdictions outside the Fund’s Geographic Area of Coverage.

How to Obtain the Benefit

To obtain this benefit, you or anyone acting on your behalf should contact the Legal Services Fund Office. An appointment with a criminal attorney will be arranged for you and the attorney will provide you with the appropriate claim form.

Court Cost Disbursement Benefit

Who is Eligible

All covered members involved in civil litigation are entitled to this benefit.

What is the Benefit

Under the Court Cost Disbursement Benefit, the Fund will pay all Court costs to a maximum of $300 in any legal matter that is a benefit of the Fund and in which the covered member is utilizing an outside attorney for covered services in special situations (Member vs. Member disputes, for example). Court costs include but are not limited to fees for filing, fees for deposition, and costs relating to investigations. In no instance will the Fund pay fines, penalties or any other amounts in which the member has been cast in judgment (i.e., ordered to pay).

How to Obtain the Benefit

This benefit is available only when a covered member is utilizing a panel attorney for the provision of one of the benefits of the Legal Services Fund, or who is using an outside attorney for covered services in special situations (Member vs. Member disputes, for example). The attorney is responsible for preparing all forms, bills, etc., relating to Court costs. The Fund covers eligible costs under this benefit, up to a maximum of $300; the covered member is not required to fill out a claim form for this benefit.

General Exclusions From All Benefits Of The Legal Services Fund

All legal services provided by the Legal Services Fund have been specifically stated and described. Any legal service that has not been so described can be considered excluded from the Legal Services Fund Plan of Benefits.

However, in order to guide the member in his/her utilization of the Legal Services Fund benefit package, this section lists specifically, but without limitation, particular exclusions from the Plan:

• Any controversy, dispute or proceeding with or against the employer or the employer’s agents or officers;

• Any controversy, dispute or proceeding directed against the Social Service Employees Union Local 371 or any of its affiliated bodies, e.g., the Benefit Funds, or any of the officers, agents or attorneys of the Social Service Employees Union Local 371 and its affiliated bodies;

• Any controversy, dispute or proceeding in which the Legal Services Fund would be prohibited from defraying the cost of legal services by any provisions of the law;

• Any controversy, action or proceedings in which representation on a contingent fee basis is normally and customarily available or where the fee is payable by virtue of statute or by order of Court; 

• Class actions or interventions or amicus curiae activities. Two or more parties may not pool or combine their benefits for the purpose of asserting a claim in which they have a mutual interest;

• Any matter concerning the payment of income tax, including but not limited to, preparation or filing of income tax returns; 

• The Fund will not pay claims for services or advice when such activity involves a duplication of the same service or advice previously obtained in connection with the same problem and previously claimed under the Plan; 

• The Fund will not pay court costs above the $300 maximum.  In no event will the Fund pay fines, penalties or any amounts in which a member may be cast in judgment;

• Any controversy, action, proceeding or dispute in which legal services are available through insurance or through any government agency or attorney (Federal, State or local);

• Any controversy, dispute or proceeding in which the member retained an attorney prior to the member’s eligibility to receive benefits under the Plan;

• Any legal expenses incurred for a matter that began before the member became eligible to receive a benefit under the Plan; 

• Any controversy, dispute, proceeding or matter that cannot be litigated or otherwise handled within the Fund’s Geographic Area of Coverage;

• Any matter of a business or commercial nature. Any controversy, action or dispute arising from business or commercial activity, including, but not limited to, a member as landlord arrested on the complaint of a tenant; the sale of counterfeit or bootleg products (eg., CDs, DVDs, handbags, etc.); ticket scalping, automobile chop-shop; operation of unlicensed after hours club; operation of a business causing environmental pollution or operation of a vehicle for hire;

• Any matter in which a Fund member has previously retained counsel;

• Any abuse and neglect, custody or other proceeding which would involve the mission of the Human Resources Administration, the Administration for Children’s Services and their subdivisions.

IF YOU HAVE ANY QUESTIONS WITH REGARD TO COVERAGE, BENEFITS OR EXCLUSIONS, PLEASE CONTACT THE FUND OFFICE AT (212) 777-9000 ext. 3065 or 3089.