Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 17th October 2023, 10:57 pm
So you got arrested in New York and your case is pending. That totally sucks! But don’t worry, there are things you can do to help your case. One option is filing a 440.10 motion. But what is that exactly?
Well, a 440.10 motion is a way to get evidence thrown out or your conviction overturned if something shady happened during your case. The official name is “Motion to Vacate Judgment” but lawyers just call it a 440 motion or 440.10 motion, after the section in New York’s procedural rules.
There’s a few situations where you can file this motion:
So those are the basics of when you can file. But there are also some limits:
Filing the motion itself is pretty straightforward – you just need to submit papers to the original trial court explaining what happened and why you’re entitled to get your conviction overturned or evidence thrown out. But first you’ll want to talk to a lawyer to figure out if you even have a valid claim.
If the court agrees to hear your motion, you may get an evidentiary hearing where you can present witnesses or other evidence to prove your case. If the court thinks your motion doesn’t have merit though, they can deny it without a hearing.
One tricky thing is that the rules say you can only file one 440 motion. So you want to make sure you include all possible arguments the first time around. Although there are some exceptions – like if you discover new evidence later on.
If the court grants your 440 motion, there’s a few possible outcomes:
The court has a lot of flexibility in fashioning relief based on the circumstances of your case. The main idea is to put you back in the position you would have been in if your rights hadn’t been violated.
Unfortunately, 440 motions are hard to win. Some statistics show only around 4% of 440 motions get granted. Judges are often hesitant to overturn convictions unless there’s a really clear injustice. But it still may be worth a try if you have a solid claim.
These motions are kind of a last resort after you’ve lost on appeal. They can be totally worthwhile if:
The bottom line is – if you have a legit argument that your case was constitutionally flawed or tainted by fraud, don’t be afraid to file a 440 motion and fight for justice!
These motions can be complicated, so it’s really important to talk to a lawyer experienced with 440 motions before filing one yourself. Some tips:
Having a lawyer in your corner can make all the difference. So don’t try to go it alone on a 440 motion without at least consulting an attorney first.
Here’s a quick rundown of what happens after you submit your 440 motion:
So in a nutshell – filing a 440 motion kicks off a back and forth process where you try to prove to the court an injustice happened. It may take months to get a final decision. Having an experienced lawyer guide you through the process is extremely helpful.
You have a lot of options for arguments to make in your 440 motion. Some common ones include:
Those are just a few examples – there are many ways your Constitutional rights could have been violated during your case. The key is finding an issue that’s both legally valid and supported by evidence.
Your 440 motion has to lay out your argument convincingly and back it up with evidence. Here are some key things to include:
Having an attorney help draft your motion is highly recommended. They can make sure your arguments are air-tight and supported by the law and facts.
To win your 440 motion, you have to meet a certain burden of proof. The standard depends on the issues raised:
So the court won’t just take your word for it – you have to back up your claims with solid proof. That’s why having an experienced attorney is so important.
Unfortunately most 440 motions end up getting denied. But even if that happens, you still have options:
So don’t give up hope – keep fighting, and consult with an appellate lawyer about your options if your 440 motion gets denied. The fight for justice can be a long road, but may be worth it in the end.
Filing a 440 motion is one way to challenge your New York conviction if you experienced an injustice, but it’s not an easy road. Talk to a lawyer, understand the requirements and deadlines, gather solid evidence, and present air-tight legal arguments in your motion. Even then, the chances of success are slim. But the 440 motion process gives you an important opportunity to fight back if your rights were violated. With dedication and a good attorney, you just may get the outcome you deserve. Don’t be afraid to stand up for yourself and make your voice heard!
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