Not everyone who is convicted of a crime is actually guilty. This is a disturbing reality in our system of justice. However, with the advent of newer scientific evidence, including DNA evidence, many innocent people who have been wrongfully convicted of a crime have regained their freedom. When a person’s criminal conviction is overturned, and they are found to be innocent, there may be a basis to file a lawsuit for damages. Here is some personal injury advice you should know if you were unjustly convicted of a crime.
What Is An Unjust Conviction?
An Unjust Conviction refers to the criminal conviction of an innocent person. There are many reasons that a person can be wrongfully convicted of a crime, including: police misconduct; false witness testimony; or prejudicial mistakes at trial. Fortunately, an innocent person who is convicted of a crime does have the right to request a new trial and seek freedom under certain limited circumstances. The advent of improved scientific evidence, including DNA evidence, has been instrumental in helping wrongfully convicted defendants prove their innocence. If a criminal conviction is overturned, there may be a basis to file a civil claim for damages.
What Evidence Is Necessary To Prove An Unjust Conviction Claim?
A wrongfully convicted defendant who is found innocent has the right to file a lawsuit for damages. In New York State, to win an Unjust Conviction claim, the claimant is required to show:
- Claimant was convicted of a felony and served some part of the sentence;
- Claimant was either found innocent or the conviction was reversed;
- In the case of a reversed conviction, it must have been reversed because: there was no jurisdiction; or there was fraud; or the defendant was unable to understand the proceedings, or new evidence is now available that proves the defendant innocent; and
- The claimant did not commit the criminal act; and
- The claimant did not bring about the conviction through his/her own conduct.
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If you have any questions concerning your unjust conviction, contact our experienced personal injury attorneys for a free consultations, by email or by calling (800) 762-9300. You also get started by simply filling out one of our case intake forms, and we ill have one of our attorneys get right back to you.
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