Unfortunately, in New York as well as the rest of the country, individuals have been and continue to be wrongfully convicted. As technology and DNA analysis have advanced, thankfully wrongful convictions appear to be less common than they once were. That said, thousands of individuals remain incarcerated for crimes that they simply did not commit in the 70s, 80s, 90s, and so forth.
New York Criminal Procedure Law § 440 provides an avenue for individuals seeking to have a court overturn their conviction based on new evidence, actual innocence, and prosecutorial misconduct, all of which are used to support the argument that a wrongful conviction took place. These motions can be filed at any time, whether your conviction just took place or occurred decades ago.
Successful 440 motions require diligent work by a private investigator, crafty efforts by your attorney in accessing exculpatory evidence, and ultimately a persuasive brief to convince a judge that this conviction should have never come about. It is crucial, therefore, that your hire an appellate attorney who has vast private investigator contacts and even one who has strong media connections – indeed, many wrongful conviction efforts have gained steam and have become successful after local and national press began to question an individual’s conviction. Notably, these motions can even be made for individuals who have already completed their sentence but who nonetheless are stuck with their conviction until and unless a court says otherwise.
If you have a friend or family member who has been wrongfully convicted, you must hire a seasoned, creative, and relentless criminal defense attorney in New York City, who will turn over every stone to bring a successful 440 motion. Doing so could lead to an exoneration. So contact us now to get the best expert advice and help.