Wrongful Convictions

New York Wrongful Conviction Attorneys

Representing Clients in Manhattan & throughout Nassau & Suffolk Counties

The experienced and highly skilled team of civil rights attorneys at Barket, Epstein, Kearon, Aldea & LoTurco, LLP is committed to protecting the rights of those who have been wrongfully convicted. Wrongful convictions are complex legal matters that require a multi-faceted approach; our team comprises seasoned trial attorneys, former judges, and legal experts and educators who, together, offer sophisticated strategies for our clients. Our firm has handled many high-profile cases and has garnered extensive media attention and national acclaim for our long history of success.

Our goal is to help you overturn your wrongful conviction and build a better, brighter future. With offices located in Garden City, Huntington, and Manhattan, we serve clients throughout Nassau and Suffolk Counties, as well as the entire state of New York.

Your initial consultation is free; call our New York wrongful conviction attorneys at (888) 779-0267 or contact us online to request an appointment today.

What is a Wrongful Conviction?

A wrongful conviction occurs when an individual is found guilty of a crime they did not commit. It implies that the legal system has made an error in judgment, leading to the wrongful punishment of an innocent person. Discovering and rectifying wrongful convictions is crucial for upholding justice and ensuring the fair and accurate functioning of the legal system.

Wrongful convictions can stem from many factors, with the most common causes of wrongful convictions including:

Eyewitness misidentification: Eyewitness misidentification is considered the number one cause of wrongful convictions. Numerous studies have substantiated the vagrancies of eyewitness identification. Several factors can lead to false identification, including poor lighting, suggestive lineup procedures, and much more.
Questionable forensic science: Juries find forensic science testimony extremely compelling, but when the science is not there to back up the conclusions, the results can be devastating. Many convictions based on fiber, hair, and bite mark evidence are later overturned due to the inaccuracies of the science.
False confessions: Defendants who are in poor mental health or subjected to coercive interrogations are susceptible to making false confessions. Innocent defendants may find themselves in jail for years or even life after confessing to a crime they did not commit.
Inadequate Legal Representation: Some individuals may not receive effective legal representation due to factors such as inadequate resources, lack of experience, or conflicts of interest. Poor defense can contribute to a wrongful conviction.
Prosecutorial Misconduct: Unethical conduct by prosecutors, such as withholding exculpatory evidence or engaging in improper practices during trial, can lead to unjust outcomes.
Jailhouse Informants: Reliance on testimony from jailhouse informants, who may provide false information in exchange for leniency, can contribute to wrongful convictions.
Tunnel Vision and Confirmation Bias: Investigators and prosecutors may develop tunnel vision, focusing on a specific suspect and ignoring alternative explanations. Confirmation bias can lead to the selective use or interpretation of evidence that supports the chosen narrative.
Inadequate Access to Appellate Review: Limited access to the appeals process or inadequate post-conviction review mechanisms can prevent the correction of wrongful convictions.
Racial and Socioeconomic Bias: Systemic biases based on race or socioeconomic status can contribute to wrongful convictions. Disparities in the criminal justice system may affect certain groups disproportionately.
Lack of Transparency: In some cases, lack of transparency in the legal process, including closed-door hearings or restricted access to evidence, can hinder the discovery of errors that may have led to a wrongful conviction.

Wrongful Conviction Statistics

Wrongful convictions can go undetected for years, with the name of some individuals only cleared after their death. While DNA testing has provided some inmates with a new powerful tool to prove their innocence, many other wrongfully convicted defendants are left with little hope to prove their innocence. Not all cases involve DNA evidence, and often old DNA evidence is too damaged or has been lost within the system. For these reasons, many people who were wrongfully convicted will never get their day in court.

The Legal Process of Overturning a Wrongful Conviction

Seeking to overturn a wrongful conviction in New York involves a legal process that typically includes the following steps:

Post-Conviction Relief Motion: The process usually begins with filing a motion for post-conviction relief. This is a formal request to the court to review and potentially overturn the conviction based on new evidence or legal errors.
Grounds for Relief: Grounds for relief may include newly discovered evidence that was not available during the trial, constitutional violations, ineffective assistance of counsel, or other legal errors that may have affected the fairness of the trial.
Appellate Review: If the post-conviction relief motion is denied, the next step is often filing an appeal. The case is then reviewed by an appellate court, which assesses whether legal errors occurred during the trial that warrant overturning the conviction.
Habeas Corpus Petition: In some cases, individuals may file a habeas corpus petition in federal court. This is a request for the court to review whether the conviction violates federal constitutional rights.
Innocence Projects and Legal Advocacy Organizations: Innocence projects and legal advocacy organizations may also be involved in supporting individuals seeking to overturn wrongful convictions. These organizations may conduct investigations, gather new evidence, and provide legal representation.
DNA Testing: If applicable, seeking DNA testing on evidence that was not tested during the trial or using advanced DNA testing methods may be a crucial part of the process.
Court Hearings: There may be court hearings where evidence is presented, witnesses are called, and legal arguments are made to support the claim of wrongful conviction.
Prosecutorial Review: In some cases, prosecutors may conduct their own review of the case, especially if new evidence emerges that casts doubt on the conviction.
Exoneration: If the court determines that the conviction was wrongful, an exoneration may occur, leading to the individual's release from prison.

Working to Overturn Wrongful Convictions for All Types of Crimes

Barket Epstein has assisted individuals wrongfully accused of all types of crimes, including but not limited to:

Our New York wrongful conviction lawyers have successfully represented clients wrongfully convicted of all manner of crimes, including seemingly open-and-shut cases. In addition to fighting to overturn wrongful convictions, we seek justice on behalf of those who were wrongfully imprisoned and fined for crimes they did not commit. Our New York wrongful conviction attorneys will not only help you restore your freedom but also secure rightful and fair compensation for the wrongs you have endured.

Contact Us for a Free, Confidential Consultation

The United States justice system is designed to punish criminals but, all too often, innocent people are convicted of crimes they did not commit. Our New York wrongful conviction lawyers have the legal skill and expertise required to successfully handle these types of cases. Our firm is renowned for our exceptional client service and powerful, proven representation. There is simply no substitute for experience; put our 200+ years of combined legal experience on your side.

If you or someone you care about has been wrongfully convicted of a crime, contact our New York wrongful conviction attorneys at (888) 779-0267 for a free consultation.

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An Exceptional Blend of Knowledge & Experience

Leaders in High-Stakes Litigation

Trusted with the region’s most high-profile cases—including landmark civil rights lawsuits, major criminal trials, and government investigations—our attorneys bring unmatched skill, discretion, and determination to every matter.
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Barket Epstein's attorneys are regularly featured in the media to discuss their recent cases or offer insight on current events.
Over Two Centuries of Combined Experience

Barket Epstein has 13 attorneys who collectively bring over 200 years of experience to each case. Our team is comprised of former judges, former prosecutors, professors and true thought leaders in our fields.
A Comprehensive Team Approach

Given the experience and knowledge we have amongst the attorneys at our firm, we utilize a team approach. Each client benefits from the expertise of several attorneys, not just the one assigned to their case.
Thousands of Cases Handled

Our Criminal Defense team has represented over 1,000 clients with charges ranging from DWI to homicide.
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