DuBois Law is proud and excited to welcome David Heraty to our practice! We are expanding our firm to represent more people who are pursuing post-trial and post-conviction relief around New York State. 

David brings an incredible amount of experience in criminal defense cases, appellate advocacy, and taking on wrongful convictions. He has served as an Assistant District Attorney for the Erie County District Attorney's Office from 2008 through 2021 and as a Deputy for Litigation Support & Appeals with the Assigned Counsel Program of Erie County from 2021 to 2026.

David had this to say when we asked him to summarize his career. 

“I view my career in the law as one long struggle for justice. I have tried to help as many people as I can, right wrongs wherever I find them, and advocate for change in the criminal justice system.”

David's Experience with the District Attorney

As an Assistant DA, he was assigned to Buffalo City Court for two years and Lackawanna City Court for 8 months. He handled thousands of cases and ran dozens of trials and suppression hearings. 

He began working in appeals and drafted hundreds of appellate briefs and other legal papers to the Appellate Division, Fourth Judicial Department, and Erie County Court, with a success rate of over 90%. 

He also handled about one hundred CPL 440 motions and several petitions for writ of habeas corpus in the federal courts. He also argued before the Court of Appeals, the highest court in New York, and the U.S. Court of Appeals for the 2nd Circuit in New York City.

Some History of Cases David Has Worked On

That philosophy is reflected heavily in his work when investigating all the wrongful conviction cases he's been a part of. He has helped lead efforts to reinvestigate cases and, as a result, helped to free several previously charged and sentenced men. This includes James Pugh (CPL 440 motion based on newly discovered evidence), Cory Epps (CPL 440 motion based on newly discovered evidence), and Valentino Dixon (CPL 440 motion based on newly discovered evidence). 

A criminal case is never over once a jury reaches a verdict. Appeals and post-conviction proceedings involve investigating trial errors, uncovering new evidence that wasn't originally presented, or determining whether there was ineffective assistance of counsel. These circumstances do require review!

How David Approaches Criminal Appeals and Wrongful Convictions

For anyone who is looking to appeal because they believe a trial or conviction resulted in an unjust outcome, an appeal with DuBois Law & David Heraty will provide you with an opportunity to take a deeper look into what happened and determine whether the law provides a path to relief. 

We will first review everything about your case, and for a fee, we will provide you with insight into whether you have a chance of winning your appeal. Once you do feel comfortable and feel that we can win, then we will move forward with the rest of the cost of the appeal. This approach helps to save clients money on paying for discovery that yields a low chance of winning. 

David and Dan can provide you and your loved one with a comprehensive review and awareness of your chances of winning an appeal. Both attorneys have spent time working on the side of the prosecution and understand the law at a deep level. This creates a passion that protects our clients from injustice. DuBois Law is proud to add David to the team to help more people. 

We are lucky to have him bring it over to our firm! For anyone in Buffalo and Western New York who is seeking legal representation for a criminal conviction, give us a call or reach out through our contact form, and we will be happy to help you out when we can!

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.