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Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 27th July 2023, 06:33 pm
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.
When a New York court grants a 440.10 motion, several favorable scenarios can unfold:
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.
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:
Whenever courts dismiss all charges tied to faulty convictions, it represents the ultimate victory and vindication for our clients.
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.”
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:
Even in these partial victory situations, any sentencing relief provides meaningful improvements for clients.
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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