Criminal Appeals & Post-Conviction Motion Attorney in New York

DuBois Law PC understands that not all cases are handled the right way, and that is why we have proudly expanded our practice to include post-conviction litigation, including CPL 440 Motions, CPL 330 Motions, and Appeals in the state of New York. 

We Understand. We Never Judge.

If you have a case, we will let you know. We understand the ins and outs of appeals, with our team being highly experienced in appellate courts. We handle criminal appeals by turning over every stone before taking on the case in full. We will work with you to determine if it is worth trying the case to the full extent, and show you why you could or could not be successful. 

Each case is different, but a quality criminal appeal attorney will provide you with a thorough understanding of your rights. Here are a few common examples of criminal post-conviction and post-trial criminal appeal requests & common use cases often seen in real-world scenarios. 

What is a § 440 motion?

A New York Criminal Procedure Law (CPL) § 440 motion is a post-conviction tool used to vacate a conviction or set aside a sentence based on facts outside the original trial record. 

Common Use Cases of a 440 Motion

Ineffective Assistance of Counsel

• Bad advice during plea deals

• Failure to investigate

• Conflicts of Interest

Newly Discovered Evidence

• New Physical or Biological Proof

• Recanted (changed) testimony

• Hidden or missing witnesses

Misconduct by Prosecution

• Brady Violations (state hid evidence)

• False Evidence

• Coercion
  

By filing a 440 motion, you create an opportunity to overturn and vacate a judgment and avoid the legal and reputational consequences of the alleged crimes, but they are complicated, expensive, and very difficult to win. This means retaining a criminal conviction appeal attorney who is experienced in 440 motions is vital, or you will lessen your chances of winning. 

What is a § 330 Motion?

A 330 motion is a post-trial, pre-sentencing request made by a criminal defendant to ask the judge to set aside or change a guilty verdict. Unlike a 440 (post-conviction) motion, 330 motions must be filed after the jury finds the defendant guilty, but before a judge hands down a sentence, because appeals challenge legal errors in the trial record.

Common Use Cases of a 330 Motion

Legal Errors in the Record

• Pointing out a serious legal mistake was made during the trial that would cause the appeals court to reverse the conviction.

• Arguing evidence presented was not legally enough to prove guilt

• Challenging legal rulings made by the judge that hurt the defense's case

Juror Misconduct

• Exposing improper behavior by a juror outside of the court which hurt the defendant's rights

• Demonstrating an outside person influenced a juror improperly

• Proving that this misconduct was learned of AFTER the jury gave its verdict

Newly Discovered Evidence

• Presenting brand-new evidence (that could not have been found earlier through due diligence) prior to the guilty verdict that can change the facts of the case. 

• Showing the evidence is strong and would have changed the jury's verdict

Any form of criminal conviction appeal, whether it be post-conviction or post-trial appeal, is challenging. You need someone who is not only willing to do the work, but willing to be honest with you up front. Without the due diligence and full investigation to review the case, you can't truly know if you have a case. That is why we provide our appeal service in two sections. 

The First Step is the discovery process. We will take the information you provided and, with our access, begin the review process. It is at this stage that we will review the facts, your story, and demonstrate to you exactly why you do, or why you do not, have a case. This helps to not waste a lot of money on an unwinnable case, but the next step is the actual appeal process. This involves a lot of writing and work on our end to complete the necessary steps and jump through the court's hoops to allow a judge to consider your case. 

Criminal appeals are not easy to win, and they are expensive, but we are confident that we can help you know whether or not you can win. We understand; we never judge. DuBois Law provides top-tier criminal defense and criminal appeals for the entire state of New York. If you or someone you know in NYS feels they need a quality lawyer to dig a little deeper to give your friend, family member, or loved one a second chance, trust DuBois to tell you the truth. Give us a call or fill out our contact form to get in touch with us today, and we will be in touch ASAP!