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Using Appeals and Post-Conviction Relief to Fight Queens Convictions
Using Appeals and Post-Conviction Relief to Fight Queens Convictions
Being convicted of a crime in Queens can have devastating consequences that severely limit your freedom and opportunities. However, even after a conviction, there are still legal options to fight the charges and potentially overturn the verdict. Two of the main options are filing an appeal and petitioning for post-conviction relief.
Appealing a Queens Conviction
If you were convicted at trial in Queens and believe there were significant legal errors that affected the outcome, you can file an appeal to a higher court. Reasons to appeal may include:
- Improper admission or exclusion of evidence by the judge
- Jury misconduct
- Prosecutorial misconduct such as inappropriate statements or questions
- Ineffective assistance from your defense attorney
- Lack of sufficient evidence to support the conviction
Appeals must be filed within 30 days after sentencing with New York’s intermediate appellate courts like the Appellate Division of the Supreme Court. An experienced Queens criminal appeals attorney can review your case and determine if grounds for an appeal exist. They can then prepare a brief identifying errors and arguing why your conviction should be reversed .
Success Rates of Criminal Appeals
The success rate for criminal appeals in New York has been estimated to be around 21% for reversing convictions in 2017 . However, the chances of success greatly depend on the specific circumstances of your case and the strength of the legal arguments in your appeal. An attorney can advise if they believe grounds for appeal in your case are strong enough to be worthwhile.
If Your Appeal is Denied
If your appeal is ultimately denied by the Appellate Division, you can request permission to appeal to New York’s highest court called the Court of Appeals. However, the Court of Appeals only agrees to hear a small fraction of cases. If they decline your case or rule against you, you can then look into post-conviction relief options.
Post-Conviction Relief in Queens
After an unsuccessful appeal, you can still file a motion for post-conviction relief which asks the court to vacate or modify your conviction or sentence. There are two main paths to pursue:
- 440 Motion – Filed in the Queens trial court, this targets procedural defects like constitutional rights violations or newly discovered evidence that could change the verdict .
- Federal Habeas Corpus Petition – Filed in federal district court, this reviews state convictions for federal constitutional violations .
The criteria and filing deadlines are complex for these post-conviction motions. Consulting with an experienced Queens post-conviction relief lawyer is highly recommended to assess options and increase chances of success.
Success Rates for Post-Conviction Relief
Unfortunately, post-conviction motions also face challenging odds. A 2005 study found that only around 12% of New York state post-conviction motions were granted . The success rate for federal habeas corpus petitions is estimated to be less than 1% .
Despite the low odds, post-conviction relief remains an important avenue that has helped free wrongfully convicted individuals when new evidence comes to light.
Finding a Queens Post-Conviction Relief Lawyer
The appeals process and post-conviction relief motions are complex even for experienced attorneys. Having an expert Queens criminal defense lawyer assist you can optimize the chances of success. When researching attorneys, look for these key qualifications:
- 10+ years handling appeals and post-conviction relief
- Experience with cases similar to yours
- Knowledge of the Queens County criminal justice system
- A track record of successful appeals and post-conviction motions
Reputable attorneys may offer free case consultations to review your options. Fees often involve retainers and hourly billing. Costs vary but expect to invest at least $10,000 or more for appeals and post-conviction representation .
Financial assistance may be available from legal aid groups like the Legal Aid Society or private funding sources in some situations . An attorney can advise if you qualify for any financial help.
Take Action to Fight Your Queens Conviction
Being convicted of a New York crime can drastically change the course of your life. But even after conviction, you still have legal options to appeal, vacate judgments, and potentially overturn unjust verdicts. Connecting with a knowledgeable Queens criminal appeals and post-conviction relief attorney is the critical first step to understand and pursue these complex processes. Don’t delay in reaching out for a consultation, as strict filing deadlines apply.
With an attorney’s help, you can maximize the chances of success in challenging your conviction through appeals or post-conviction relief. Although the odds are challenging, winning an appeal or vacating a judgment could restore your freedom, record, and rights. Carefully navigating these options offers hope for those seeking justice after an unfair conviction in Queens.