Unjust Conviction

Our firm represents those who have been wrongfully convicted in state and federal courts for crimes which they did not commit. The New York State Court of Claims Act § 8-b – also known as The Unjust Conviction and Imprisonment Act of 1984 – allows wrongfully convicted defendants who have served all or part of their sentence to seek compensation from the State if certain requirements have been met. To be able to recover damages against the State, a defendant must show that his or her conviction was overturned on one of certain enumerated procedural grounds, and must demonstrate by clear and convincing evidence that he or she did not commit any of the acts charged in the accusatory instrument (or that the acts charged did not constitute a crime) and that the defendant’s own conduct did not cause or bring about the conviction. Given the pitfalls and procedural hurdles in such cases, it is imperative that you consult with an experienced attorney if you have a potential claim for unjust conviction.

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