New York Wrongful Conviction Lawyers
We Represent Exonerees
Finally Get The Justice You Deserve
The Court Of Claims Act - Section 8B Claims For Wrongful Conviction
If you were wrongfully convicted of a crime, that you didn’t commit, you may be entitled to compensation, if your conviction was vacated or overturned. New York State has enacted a law that provides compensation for exonerees that were wrongfully incarcerated. These claims are allowed under the Court of Claims Act. The New York Legislature enacted the Court of Claims Act § 8-b in 1984 to allow innocent persons to recover damages from the State where they can prove by clear and convincing evidence that they were unjustly convicted and imprisoned. These are not easy cases to win, and need to be carefully prepared. If you are an exoneree, who was wrongfully convicted, call our New York wrongful conviction lawyers for a free consultation.
Our New York wrongful conviction lawyers know all too well, how devastating a wrongful conviction can be. One minute you are living your life and all of a sudden you are arrested and put in jail for a crime you didn’t commit. All of a sudden your life, dreams, and plans for the future come to an abrupt halt, and you are facing an uncertain future, and confined in prison, and forced to survive in the prison environment, with slim hopes of the truth ever coming to light. If this sounds like something that happened to you, call a New York wrongful conviction lawyers today, because there are strict time limits on our ability to seek compensation. Don’t lose out on what you are entitled to, by blowing a time limit.
Wrongful Conviction Statistics
According to the New York Wrongful Conviction database, there have been 275 wrongful convictions in New York State, with just over seven years of incarceration being the average time an exoneree spends incarcerated.
The crime, which people are most frequently convicted of is murder. Of the 275 people in the data base, 12 were sentenced to death and 127 received sentences of life in prison.
According to the Innocence Project: There have been 130 murder convictions that were overturned based on DNA evidence that showed the people who were convicted were innocent.
The Legal Requirements
What Do I Have To Prove To Win My Case?
To win a wrongful conviction case, also known as a wrongful incarceration or wrongful imprionment case , you need to prove by “clear and convincing” evidence that you were convicted of a felony, sentenced to a term of imprisonment, and that you have served all or part of that sentence; and that the conviction was reversed or vacated based upon Criminal Procedure Law 440.10 or Criminal Procedure Law 470.20. You can sue if you were re-trial and acquitted or if the State decided not to pursue a new trial.
Actual Innocence Is Required
If you were guilty but had a conviction overturned based upon a technicality, you do not qualify for a wrongful conviction case. To qualify for compensation for having been incarcerated, you need to establish, actual innocence, which means that you did not commit the acts that you were accused of.
Can I Sue If I Pled Guilty?
No. New York law requires that you have been convicted after a trial. One of the points that New York law requires you to prove is that you did not engage in conduct that caused your conviction. So if you pled guilty to a crime, of which you are innocent, you may be said to have caused your own conviction. However, if you made a confession due to coercion, duress or improper police tactics, you still may be able to pursue a case, so long as you disputed or challenged the prior confession and did not plead guilty.
What Counts As A Vacated Conviction?
Under New York law, if your conviction was reversed, that is sufficient to sue. However, if your conviction was vacated, it must have been vacated based upon a ground under New York’s Criminal Procedure Law 440.1 or 470.20. The 440 grounds include situations where (i) a conviction was secured by duress, misrepresentation or fraud of the prosecutor, (ii) False evidence was used by the prosecutor, (iii) Evidence was procurred in violation of the accused constitutional rights, (iv) DNA evidence shows a substanital probability that the Defendant was innocent, (v) newly discovered evidence that might have caused a different result, (vi) improper and prejudicial conduct during the trial.
The CPL 470.20 Grounds
In addition to the 440 grounds for a vacated conviction, you may be able to sue if you establish grounds under CPL 470.20. These include that (i) you were deprived of a fair trial because of an error or defect which resulted in prejudice or (ii) legal insufficiency of the trial evidence. It is important to remember the vacated conviction element and the actual innocence grounds are distinct, and both must be proved.
Justice Delayed Is Justice Lost
What Do I Have To Prove To Win Compensation For Being Wrongfully Imprisoned?
New York law requires that you prove a wrongful conviction, aka, a wrongful imprisonment claim by clear and convincing evidence. You need to have your proofs properly lined up before you file your case. Don’t wait to the last minute to call a wrongful conviction lawyer.
What Are The Time Limits And Procedural Requirements For An Unjust Conviction Claim?
There are strict time limits for a wrongful conviction claim. A claim must be filed within 90 days or a Notice of Intent to File a Claim, must be filed within the 90 days, and served upon the Attorney General and filed with the Court of Claims. If a Notice of Intent to File a Claim, is filed then the claim can be filed within two years.
In What Court Do I File A Claim?
The Unjust Conviction law authorizes a claim against the State of New York. All claims against the State of New York must be brought in the New York Court of Claims. If you file the claim in the Supreme Court, it will likely be dismissed based upon a lack of jurisdiction, because the Supreme Court does not have jurisdiction to hear a claim against the State of New York.
Where Is The Notice Of Intent To File A Claim Served?
The Notice of Intent to File a Claim must be served upon the New York State Attorney General’s office. If you try to file it with a prison facility or with the New York City Law Department, you have failed to comply with the law and failed to preserve you rights.
When Does The Time To File Begin To Run?
The time to file a Claim or a Notice of Intent to File a Claim begins to run when the claim accrues. The claim accrues when the conviction is dismissed, reverved on appeal or vacated.
Can I Also Sue In Court If I Bring A Wrongful Conviction Case?
Yes, in addition to bringing a claim against the State, you can also sue the officers and detectives that brought the charges for malicious prosecution, violation of your Due Process rights including fabrication of evidence, and withholding of favorable evidence. In these cases, it is not uncommon to have two parallel litigations, one in the Court of Claims and the other in either Federal Court or the New York Supreme Court.
Law Office of Michael H. Joseph, PLLC
The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over 25 years. Our attorneys are members of several prestigious organizations, including:
- New York State Trial Lawyers Association
- American Association for Justice
- New York County Bar Association
- Westchester County Bar Association
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.
