Wrongful Conviction Lawyer

When an innocent person is convicted of a crime they did not commit, the consequences extend far beyond the courtroom. At Kelner & Kelner, our wrongful conviction lawyers understand that wrongful convictions devastate lives, families, and communities. Our New York City-based firm is committed to fighting for justice on behalf of those who have been unjustly convicted. A wrongful conviction lawyer can help navigate the complex legal process of challenging a conviction, presenting new evidence, and seeking exoneration.

Whether you are currently incarcerated or have been released but continue to suffer the consequences of a wrongful conviction, legal help for wrongful convictions is available. We work tirelessly to investigate claims, uncover errors in the original proceedings, and pursue every available avenue to restore your freedom and reputation.

What Is a Wrongful Conviction?

A wrongful conviction occurs when someone is found guilty of a crime they did not commit or when their conviction was obtained through fundamentally flawed legal processes. This injustice can happen in various ways and affects thousands of individuals across the United States.

• Factual innocence: The convicted person did not commit the crime and had no involvement in the criminal act whatsoever.
• Legal innocence: The conviction was obtained through constitutional violations, procedural errors, or other legal defects that undermined the fairness of the trial.
• Insufficient evidence: The evidence presented at trial was inadequate to support a guilty verdict beyond a reasonable doubt.
• False confessions: The defendant confessed to a crime they did not commit, often due to coercive interrogation tactics or psychological pressure.
• Mistaken identity: The wrong person was identified as the perpetrator through faulty witness identification or inadequate investigation.
• Prosecutorial misconduct: Prosecutors violated ethical or legal standards by withholding evidence, presenting false testimony, or engaging in other improper conduct.

A wrongful conviction lawyer examines these and other factors to determine whether a conviction should be challenged and overturned. The impact of wrongful convictions extends beyond the wrongly convicted individual, affecting families, eroding public trust in the justice system, and allowing actual perpetrators to remain free.

Common Causes of Wrongful Convictions in the U.S.

Understanding the root causes of wrongful convictions is essential for anyone seeking legal help for a wrongful conviction. These factors frequently contribute to miscarriages of justice in criminal cases.

• Eyewitness misidentification: This remains the leading cause of wrongful convictions, as human memory is fallible and can be influenced by suggestive identification procedures.
• False or coerced confessions: Innocent people sometimes confess to crimes due to lengthy interrogations, threats, promises, or psychological manipulation by law enforcement.
• Inadequate defense representation: When defense attorneys lack the resources, time, or commitment to properly investigate and present a case, innocent defendants may be convicted.
• Forensic science errors: Unreliable or improperly applied forensic methods, along with exaggerated testimony about forensic evidence, have contributed to numerous wrongful convictions.
• Informant testimony: Jailhouse informants or cooperating witnesses may provide false testimony in exchange for reduced sentences or other benefits from prosecutors.
• Official misconduct: Police officers and prosecutors sometimes withhold exculpatory evidence, fabricate evidence, or coerce witnesses, leading to unjust convictions.
• Systemic racial bias: Studies show that racial prejudice in the criminal justice system contributes to wrongful convictions, particularly affecting Black and Latino defendants.

A wrongful conviction lawyer investigates these causes thoroughly to build a compelling case for overturning an unjust conviction. At Kelner & Kelner, we recognize that wrongful convictions often result from multiple overlapping factors rather than a single error.

How Wrongful Conviction Cases Are Investigated

The investigation process for wrongful conviction cases requires meticulous attention to detail and a comprehensive review of all evidence. A wrongful conviction lawyer must examine every aspect of the original case to identify errors and uncover new information.

• Trial record review: Attorneys analyze transcripts, evidence lists, witness statements, and all documents from the original trial to identify procedural errors or constitutional violations.
• Evidence re-examination: Physical evidence is reviewed and may be subjected to modern forensic testing methods that were unavailable at the time of the original trial.
• Witness interviews: Investigators locate and interview original witnesses, as well as new witnesses who may have relevant information about the case.
• Expert consultation: Forensic scientists, psychologists, and other professionals evaluate evidence and testimony to determine whether original conclusions were valid.
• Police report analysis: Original police reports and investigative files are scrutinized for inconsistencies, overlooked leads, or evidence of investigative misconduct.
• DNA testing requests: When biological evidence exists, attorneys petition courts for DNA testing, which has been instrumental in proving innocence in hundreds of cases.
• Freedom of Information requests: Public records requests may reveal previously undisclosed documents, witness statements, or investigative materials relevant to the case.

The investigation process can take months or even years, depending on the complexity of the case and the availability of evidence. A wrongful conviction lawyer must be persistent and thorough, leaving no stone unturned in the pursuit of justice. At Kelner & Kelner, our New York City team has the resources and determination to conduct comprehensive investigations.

How Legal Teams Work to Overturn Convictions

Overturning a wrongful conviction requires strategic legal action through various judicial and administrative channels. Legal help for wrongful conviction involves multiple approaches tailored to the specific circumstances of each case.

• Post-conviction motions: Attorneys file motions in the original trial court to vacate the conviction based on newly discovered evidence or constitutional violations.
• Appeals: Legal teams challenge convictions in appellate courts by arguing that legal errors during the trial affected the outcome of the case.
• Habeas corpus petitions: These petitions assert that the convicted person is being held unlawfully and request judicial review of the conviction's validity.
• Conviction Integrity Unit collaboration: Some prosecutors' offices have dedicated units that review credible claims of wrongful conviction and may support overturning unjust convictions.
• Clemency applications: In some situations, attorneys seek pardons or commutations from governors or the president based on evidence of innocence or injustice.
• Civil rights litigation: After exoneration, a wrongful conviction lawyer may pursue civil lawsuits against government entities or individuals responsible for the wrongful conviction.
• Public advocacy: Legal teams sometimes work with media, advocacy organizations, and legislators to bring attention to wrongful conviction cases and systemic problems.

Each case requires a tailored legal strategy based on the specific facts, available evidence, and applicable laws. A wrongful conviction lawyer must understand the procedural requirements and deadlines for each type of legal action. Our firm approaches every case with creativity and determination, exploring all possible avenues for achieving justice.

Why You Need a Skilled Wrongful Conviction Lawyer

Challenging a criminal conviction is one of the most difficult legal undertakings, requiring knowledge of criminal procedure, constitutional law, and evidentiary standards. The right legal representation can make the difference between continued injustice and restored freedom.

• Complex procedural requirements: Wrongful conviction cases involve strict deadlines, technical pleading requirements, and complicated procedural rules that must be navigated carefully.
• Resource-intensive investigations: Uncovering new evidence requires financial resources for forensic testing, expert witnesses, private investigators, and extensive document review.
• Prosecutorial resistance: Prosecutors often vigorously defend convictions, even when presented with evidence of innocence, making strong legal advocacy essential.
• Appellate experience: Successfully arguing appeals requires understanding how to preserve issues for review and persuasively present legal arguments to appellate judges.
• Scientific knowledge: Modern wrongful conviction cases often involve complex forensic evidence that requires attorneys to understand scientific principles and methodology.
• Network of resources: Effective wrongful conviction lawyers have relationships with innocence organizations, forensic scientists, investigators, and other professionals who can assist with cases.
• Commitment to justice: Overturning wrongful convictions requires dedication, persistence, and unwavering belief in the client's cause throughout what may be a lengthy process.

At Kelner & Kelner, our New York City legal team brings these qualities to every wrongful conviction case we handle. We understand the stakes involved and the profound impact that legal help for wrongful conviction can have on our clients' lives. A wrongful conviction lawyer must be prepared to fight at every stage of the legal process, from initial investigation through final exoneration.

Contact Kelner & Kelner Today

If you or someone you love has been wrongfully convicted, time is of the essence. Our New York City firm is ready to evaluate your case and discuss how we can help you pursue justice. Contact Kelner & Kelner today to schedule a consultation and learn more about your legal options for challenging an unjust conviction.

Wrongful Conviction Lawyer FAQs

How long does it take to overturn a wrongful conviction?

The timeline varies significantly depending on the complexity of the case, the availability of new evidence, and the legal procedures involved. Some cases may be resolved within a year or two, while others can take a decade or more to reach a successful conclusion.

Can I still challenge my conviction if I accepted a plea deal?

Yes, it is possible to challenge a conviction even after accepting a plea agreement, though the legal standards and available remedies may differ from challenging a conviction after trial. A wrongful conviction lawyer can evaluate whether grounds exist to withdraw a plea or pursue other forms of relief.

What is the difference between exoneration and having a conviction overturned?

Exoneration typically means that you have been officially declared innocent of the crime, while having a conviction overturned may simply mean that the conviction was legally flawed and cannot stand. Both results can lead to release from custody, but exoneration provides stronger vindication of innocence.

Does DNA evidence exist in all wrongful conviction cases?

No, biological evidence suitable for DNA testing exists in only a fraction of criminal cases, primarily those involving sexual assault, murder, or other violent crimes where biological material was left behind. Many wrongful convictions must be challenged using other types of evidence and legal arguments.

Will I receive compensation if my wrongful conviction is overturned?

Compensation depends on the laws of the state where you were convicted. New York has a statute allowing wrongfully convicted individuals to seek monetary damages from the state, but specific requirements must be met and the process involves separate legal proceedings after exoneration.

Can a wrongful conviction lawyer help if I was convicted many years ago?

Yes, there is generally no time limit for challenging a conviction based on actual innocence, though specific procedural rules and statutes of limitations may apply to certain types of legal claims. Even decades-old convictions can potentially be overturned with new evidence or legal developments.

What should I do if I have new evidence of my innocence?

You should contact a wrongful conviction lawyer immediately to evaluate the evidence and determine the best legal strategy. Time can be critical, as evidence may degrade or disappear, and witnesses may become unavailable, so prompt action is important for preserving your legal options.