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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

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what can happens if a 440.10 motion is granted?

By Spodek Law Group | July 19, 2023
(Last Updated On: July 27, 2023)

Last Updated on: 27th July 2023, 06:33 pm

Understanding the Powerful Impacts of a Successful 440.10 Motion in New York

In New York criminal cases, Section 440.10 motions provide a valuable procedural mechanism for defendants to challenge convictions post-verdict. Also called motions to vacate judgment, 440.10 motions argue that key constitutional, evidentiary, or procedural defects undercut the fundamental legality and fairness of convictions. When properly prepared and persuasively argued, 440.10 motions can entirely undo guilty verdicts.

If you face incarceration or other severe penalties tied to dubious criminal convictions in New York, a 440.10 motion likely deserves exploration. At Spodek Law Group, our post-conviction relief attorneys have won numerous 440.10 motions resulting in dramatically reduced or reversed convictions and sentences. We tenaciously identify and leverage the strongest procedural flaws and evidentiary weaknesses to vacate unjust guilty findings whenever possible.

Read on to understand more about how a successful 440.10 motion could significantly improve your circumstances.

Possible Outcomes When 440.10 Motions Succeed

When a New York court grants a 440.10 motion, several favorable scenarios can unfold:

  • New trial ordered – Convictions tossed but new trial allowed
  • Some charges dismissed – Partial relief from multi-count convictions
  • Plea deal opportunities – Chance to bargain again from a position of strength
  • All charges dismissed – No retrial possible due to evidentiary gaps
  • Sentence reductions – Post-conviction factors justify lighter punishment

The specific impacts align with the nature of procedural defects raised in 440.10 motions. But any positive ruling confers major strategic advantages. Our lawyers maximize opportunities opening through successful motions.

Securing Complete Exonerations

In the best case scenarios, our 440.10 motions convince courts to dismiss all charges related to invalidated convictions. When due process, evidentiary, or ethical gaps are too central to enable fair retrial, total exoneration results.

Persuading judges to take this drastic “get out of jail free card” action requires meticulous strategic preparation by post-conviction attorneys. We exhaustively analyze trial records to identify fatal yet reversible flaws in the original proceedings.

Our most frequent grounds for complete exoneration via 440.10 motions include:

  • Actual innocence claims
  • Newly discovered dispositive evidence
  • Prosecutorial misconduct
  • Ineffective assistance of counsel
  • Coerced defendant statements
  • Critical Brady disclosure violations

Whenever courts dismiss all charges tied to faulty convictions, it represents the ultimate victory and vindication for our clients.

Sparing Defendants Retrials

In other circumstances, our successful 440.10 motions undermine integrity of guilty verdicts enough to warrant retrials. While less ideal than outright dismissals, avoiding unjust prison sentences remains paramount.

On retrial from a “clean slate,” our defense lawyers fully leverage the favorable developments yielding the 440.10 victory. Prosecutors often make much better plea offers to defendants empowered by vacated convictions. Even when cases proceed to retrial, the changed legal landscape improves chances of acquittal verdicts.

Key trial evidence or witnesses lost in the passage of time frequently bolster our arguments for dismissing charges rather than allowing retrial. Procedural rules support barring legally defective prosecutions from taking “two bites at the apple.”

Sentence Reductions for Valid Convictions

Sometimes strong evidence still supports the core legitimacy of original guilty verdicts in cases with successful 440.10 motions. But other intervening factors may justify reducing prison terms. Our post-conviction relief lawyers argue for mitigated sentencing especially when:

  • Defendants already served extensive time
  • Health conditions worsened
  • Rehabilitation and reform occurred
  • Mandatory minimums ruled unconstitutional
  • Judges enhanced sentences improperly

Even in these partial victory situations, any sentencing relief provides meaningful improvements for clients.

Retain Top NYC Post-Conviction Attorneys Today

The complexities of Section 440.10 motions demand expertise from veteran NYC criminal defense lawyers intimately familiar with state statutes, court procedures, and evidentiary rules. At Spodek Law Group, we pursue post-conviction relief tirelessly on behalf of our wrongfully convicted clients. Contact us today at 212-300-5196 for a free case evaluation. Together we can determine if a 440.10 motion could be the key to overturning your unjust guilty verdict. Don’t delay in seeking justice.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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