‘Guilty’ Doesn’t Always Have To Be The Final Word
If you have already been convicted or sentenced, don’t give up hope. Depending on the particular circumstances of your case, you may be able to file an appeal or pursue other types of post-conviction relief such as a motion to set aside a verdict pursuant to New York criminal procedure law §330 or a motion to vacate a judgment or set aside a sentence pursuant to New York criminal procedure law §440.
At Sivin, Miller & Roche LLP, we have a deep well of combined knowledge and experience, and we will put this experience to work for you. Our mission in our post-conviction work is to diligently explore every available option for clearing your name and enabling you to move forward with your life.
What It Takes To Appeal A Criminal Conviction In New York
If a legal mistake was made during your trial, you have the right to request an appeal, and you also may have grounds to challenge the verdict and sentence by means of a post-trial motion before the trial court. However, the law imposes various time limits for appeals and post-conviction motions. So, do not wait to contact our attorneys who can advise you of your post-conviction options as well as any relevant deadlines.
Here are a few of the most common reasons to appeal a criminal conviction or sentence:
- Prosecutor’s failure to disclose evidence
- Inflammatory or prejudicial questions, comments or statements made by the prosecutor or the judge at trial
- Misconduct or misrepresentation by a juror
- A judge’s mistake in sentencing or in the application of the law
- Instructions to the jury that were prejudicial or inaccurate
- Improperly excluded evidence
- Insufficient evidence of guilt
- Ineffective legal counsel by a defense lawyer
Sealing Your Criminal Record Can Open Up A World Of Opportunities
New York law does not allow convictions to be expunged or completely erased. However, the law was recently changed to allow eligible individuals to have their criminal records sealed or hidden from public view.
Law enforcement agencies, military agencies and similar parties will still be able to view your full record. However, record sealing means that when potential employers or landlords run a background check on you, they will not be able to see the arrest or conviction. This can be an incredible asset when it comes to getting a job, renting an apartment and accessing other benefits. It can open up countless opportunities for you that would otherwise be unavailable.
Do you qualify for record sealing? It depends on the type of offense, whether you successfully completed the court’s requirements and other factors. Our lawyers can carefully review your case and clearly explain your available legal options.