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People who try to defend against criminal charges are often firm about asserting their innocence. However, the state may have evidence that makes it look like they broke the law. The unfortunate reality is that some people who take their cases to trial end up convicted despite their best efforts. They may maintain their innocence and hope for an opportunity to exonerate themselves. That opportunity may eventually arise in the form of new evidence. Perhaps a jailhouse or confidential informant recants their former testimony. Perhaps new security camera footage or forensic evidence comes to light. It is sometimes possible to seek relief by initiating a post-conviction motion after the discovery of new evidence.
The criminal justice system offers every defendant the right to an attorney and a chance to prove they didn’t break the law. Even after a conviction, the defendant may still have an opportunity to appeal an unfavorable judgment.
However, the rules for appeals are more restrictive than people often realize. They cannot necessarily appeal a conviction after unearthing new evidence. Appeals are usually only an option in cases where the courts misinterpreted the law or there was some other significant violation of the defendant’s rights.
Post-conviction motions can offer the relief not available through the traditional appeals system. A state CPL 440 motion is what a defense attorney files when there is new evidence related to a case that resulted in a conviction. In fact, such motions are also available in scenarios where defendants believe that the courts violated their constitutional rights or committed some kind of significant legal error.
The defendant and their lawyer can challenge the conviction itself or the sentence imposed by the courts. New evidence can help establish someone’s innocence or at least raise a reasonable doubt regarding their guilt. Evidence can also provide insight into mitigating circumstances that might compel the courts to reduce someone’s sentence.
A post-conviction motion requesting relief can help people correct the wrongs that occurred during an initial criminal trial. Learning more about the different relief options available in New York can benefit those still eager to prove their innocence after a conviction.
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