Bronx Unjust Conviction Lawyer

Our Experienced Attorneys Explain Some Important Things You Need To Know About Unjust Convictions

Not everyone who is convicted of a crime is actually guilty.  This is a disturbing reality in our system of justice.  However, with the advent of newer scientific evidence, including DNA evidence, many innocent people who have been wrongfully convicted of a crime have regained their freedom.  When a person’s criminal conviction is overturned, and they are found to be innocent, there may be a basis to file a lawsuit for damages.  Here is some personal injury advice you should know if you were unjustly convicted of a crime.

What Is An Unjust Conviction?

An Unjust Conviction refers to the criminal conviction of an innocent person.  There are many reasons that a person can be wrongfully convicted of a crime, including:  police misconduct; false witness testimony; or prejudicial mistakes at trial.  Fortunately, an innocent person who is convicted of a crime does have the right to request a new trial and seek freedom under certain limited circumstances. The advent of improved scientific evidence, including DNA evidence, has been instrumental in helping wrongfully convicted defendants prove their innocence.  If a criminal conviction is overturned, there may be a basis to file a civil claim for damages.

What Evidence Is Necessary To Prove An Unjust Conviction Claim?

A wrongfully convicted defendant who is found innocent has the right to file a lawsuit for damages.  In New York State, to win an Unjust Conviction claim, the claimant is required to show:

• Claimant was convicted of a felony and served some part of the sentence;
• Claimant was either found innocent or the conviction was reversed;
  • In the case of a reversed conviction, it must have been reversed because:  there was no jurisdiction;  or there was fraud; or the defendant was unable to understand the proceedings, or new evidence is now available that proves the defendant innocent; and
• The claimant did not commit the criminal act; and
• The claimant did not bring about the conviction through his/her own conduct.

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If you have any questions concerning your unjust conviction, contact our experienced personal injury attorneys for a free consultations, by email or by calling (800) 762-9300.  You also get started by simply filling out one of our case intake forms, and we ill have one of our attorneys get right back to you.

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