Post-Conviction Lawyers in New York & New Jersey
Providing You with Legal Options Since 1930
The legal process does not have to end with a conviction. Several options may exist for appeal and post-conviction relief that could be available to you or a loved one after pleading guilty or being found guilty by a lower court. Unfortunately, the consequences of a criminal conviction do not end after serving a sentence. As someone with a permanent criminal record, you may be unable to find employment or housing, be barred from obtaining a professional license or joining the military, or be subject to deportation as a noncitizen.
Post-conviction relief involves various legal remedies that can be applied to achieve certain results, such as having your conviction overturned or downgraded from a felony to a misdemeanor, withdrawing a guilty plea, or other actions. At the Law Offices of Iannuzzi and Iannuzzi, you can work with proven trial and appellate lawyers who thoroughly understand these matters and how to apply the correct remedies and procedures. To understand your options, it is strongly urged that you seek the counsel of one of our New York post-conviction attorneys who provide representation for individuals throughout the New York and New Jersey.
Request a free consultation online or by calling the Law Offices of Iannuzzi and Iannuzzi at 212-227-9595.
Post-Conviction Relief Remedies
Post-conviction and custody relief remedies can include:
- Writ of coram nobis
- Writ of habeus corpus
- Post-Conviction Relief Motion
After a conviction, your case can be appealed to a higher court. In an appeal, no new evidence is submitted nor is there a new trial and jury. The appellate court reviews what occurred during your trial based on briefs submitted by your attorney referring to possible errors in procedure or in how the lower court judge interpreted the law. An appeal starts with a notice of appeal giving the appellant a window of time for filing the brief stating his or her arguments. A response from the other party in the matter may then follow. The appellate court judges may base their decision to overturn the conviction or not on the arguments presented in the briefs or upon further oral arguments presented to the court. If the appellate court decides that errors did occur, they can remand the case back to the lower court for a new trial, to modify or correct its judgment, or to reconsider.
Writ of Coram Nobis
A writ of coram nobis differs from an appeal in that it does not seek a review from a higher court. It is filed with the court that heard the trial and its purpose is to correct mistakes or consequences that the defendant was not aware of before pleading guilty.
Writ of Habeus Corpus
This is a legal remedy that is meant to challenge or report that the defendant has been held in custody unlawfully. It is a request to the court that the defendant be brought before the judge where a valid reason for his detainment must be demonstrated.
Post-Conviction Relief Motion
A post-conviction relief motion, known as a 440 motion in New York, is an alternative way to challenge the validity of a conviction. It is a way to vacate a guilty plea or a conviction. The court will review the motion which must be presented on specific grounds, such as that the defendant had ineffective legal counsel. If the court grants the motion, your charges can be dismissed, or the court will grant you a new trial.
Learn Your Options for Relief
To understand where you stand and what can be done to provide post-conviction relief to your case, you will need the help of a skilled attorney. Our criminal defense team at the Law Offices of Iannuzzi and Iannuzzi has achieved remarkable results for countless individuals through appeals and other legal remedies. We urge you to let us use our knowledge and skills to help you overcome the barriers of a criminal record.
Connect with our firm online or by calling 212-227-9595 today.