Can Victims Of Wrongful Convictions Seek Damages?
Imagine the following scenario: You spend years — or possibly decades — in prison for a crime you didn’t commit, only to be released after it is eventually discovered and proven you were wrongly convicted.
It only seems fair that you should be entitled to some form of compensation for the time you spent unjustly behind bars, right? Fortunately, New York law — specifically, Section 8-b of the New York Court of Claims Act — provides victims of wrongful convictions with financial compensation under certain circumstances.
Proving Your Case Under New York’s Wrongful Conviction Statute
Ideally, an innocent person would automatically be entitled to compensation if he or she were the victim of a wrongful conviction — unfortunately, that isn’t how it works in New York.
In fact, under New York law, a wrongfully convicted individual must first prove the following factors by clear and convincing evidence before he or she can obtain compensation under the state’s wrongful conviction compensation statute:
- The individual was convicted of at least one felony or misdemeanor against the state and sentenced to time in jail, and he or she has served at least part of that sentence.
- The individual has been pardoned of the crime on the grounds of innocence, or his or her conviction was vacated or reversed and the accusations dismissed (in addition to other more specific situations).
- The individual did not commit the acts/crimes for which he or she was convicted.
- The individual did not, by his or her own conduct, bring about or cause the conviction.
In addition, it is important to at least mention that victims of wrongful convictions may also be able to seek damages under federal law, depending on the circumstances. However, regardless of your situation, you need an experienced attorney by your side.
Edelman & Edelman, P.C.: The Wrongful Conviction Lawyers That Will Fight For You
While there are many criminal law firms out there that can help innocent individuals overturn their criminal convictions, our practice actually focuses on helping these same wrongful conviction victims obtain the compensation they deserve and are entitled to under the law.
We understand that no amount of money can make up for the time you spent in prison, but obtaining a favorable judgment can help hold the government accountable for your wrongful conviction — not to mention that the financial compensation can help you rebuild your life.
Even though our attorneys do not directly handle the criminal aspects of wrongful conviction cases, we can help assemble a quality team of lawyers and investigators who will work to overturn your conviction, at which point we will take over and help you seek the maximum recovery available.
Top 5 Posts
Jun 30, 2020
According to a recent Reuters analysis, the reduction in traffic over the past several months has done its part to reduce car crashes. Unfortunately, in several cities Reuters considered, the percentage of crashes that involved a fatality is up. Here in New York City...
Jun 16, 2020
The New York State Department of Financial Services has filed civil charges against drug maker Endo International Plc for misrepresenting the efficacy and safety of its opioid drugs and for insurance fraud. Endo manufactured 18.4% of the opioids distributed in New...
Jun 9, 2020
Talc, also called “talcum powder” is a naturally occurring mineral. It is widely used in products ranging from baby powder to cosmetics. Unfortunately, talc is mined in the same geologic areas as asbestos, and it may be possible for talc to be contaminated by...
May 22, 2020
This year, New York joins 30 other states and the District of Columbia after the State Assembly passed legislation requiring passengers 16 and older to wear a seat belt in the back seat of automobiles, including ride-sharing vehicles, such as Lyft and Uber. The...
May 21, 2020
After it was revealed that untold thousands of Boy Scouts have been sexually abused by scout leaders and others who had power over them, lawyers from around the country sued the American institution. The national group, Boy Scouts of America (BSA), filed for Chapter...
3 Reasons To Hire Us
We Go All In:With every case we accept, we put all of the firm’s resources behind our pursuit of a positive outcome. We are not afraid to spend whatever amount is necessary to present a winning case on your behalf.
3 Reasons To Hire Us
We Hire The Best Experts:We do our homework and find the experts who are doing the most cutting-edge research on your type of injury. We regularly work with medical experts, scientists, people from academia and others.
3 Reasons To Hire Us
We Know Our Opposition: In our nearly 60 years in business, we have seen all the tactics opposing attorneys uses. We use proven strategies to match them and act swiftly to overcome any attempt to limit your compensation.
CNN Legal Analyst