Exploring Post-Conviction Motions In New York

Post-conviction motions offer an opportunity to challenge a conviction after the trial has concluded. These motions can be instrumental in uncovering new evidence, identifying constitutional violations, or highlighting errors that may have affected the outcome of your case. By pursuing post-conviction motions, you can seek to overturn your conviction, obtain a new trial, or secure a modification of your sentence.

There are several types of post-conviction motions, including:

• Post-Conviction Exoneration Motions: These motions focus on presenting new evidence or information that could prove your innocence or cast doubt on your guilt. They aim to establish that you were wrongfully convicted.
• Federal 2255 Motions: Available in federal cases, a 2255 motion allows you to challenge the legality of your detention, asserting violations of your constitutional rights or errors in the application of federal law.
• Federal 2241 Motions: Similar to 2255 motions, 2241 motions provide relief in federal cases but are specifically filed when the petitioner is challenging the execution or manner of their sentence.
• State CPL 440 Motions: Under the New York Criminal Procedure Law (CPL), a CPL 440 motion allows you to challenge your conviction or sentence based on newly discovered evidence, legal errors, or constitutional violations.
• State CPL 330.30 Motions: CPL 330.30 motions pertain to individuals who have pleaded guilty and wish to withdraw their plea based on significant legal or factual issues.
• Federal Writ of Habeas Corpus: This motion allows federal prisoners to challenge the legality of their detention, asserting violations of their constitutional rights.

Pursuing post-conviction motions can lead to a range of benefits. These motions provide an avenue to present new evidence, expose legal errors and demonstrate that your conviction should be reconsidered. Successful post-conviction motions can lead to a new trial, reduced sentence, or even complete exoneration, giving you the opportunity to reclaim your freedom and restore your reputation.

Committed To Your Case

The lawyer at SMC Law Firm is committed to fighting for justice and ensuring that every client receives a fair and just outcome. If you believe you have grounds for a post-conviction motion, she is here to provide you with the knowledge, expertise and support needed to navigate this complex legal process.

She will meticulously review your case, examine the evidence, and craft a compelling argument to present in court. She understands the significance of post-conviction motions and the potential life-changing impact they can have. With her personalized attention and dedication, she will tirelessly advocate for your rights and pursue a favorable outcome for you.

Call SMC Law Firm Today

Contact her at 212-256-9441 or fill out this online form to discuss your post-conviction motion options and take the first step toward seeking justice.