Criminal Appeals and Post-Conviction Relief
If you or someone you know has been convicted, whether by plea or after trial, there are still ways to attack the conviction. Get a former Appellate Prosecutor and experienced Criminal Appeals and Post-Conviction Relief lawyer on your side. We fight hard and leave no stone unturned in our quest to get justice for our clients.
Criminal Appeals
After a conviction at trial, the first reaction is shock, fear and disappointment. But a conviction is not the end. With the right Criminal Appeals Attorney, the appellate process can result in a reversal or modification of a conviction and/or sentence. Even if the conviction was the result of a guilty plea with a waiver of appeal, there may be appellate options. At the Law Offices of Joseph Z. Amsel, we have experience handling Criminal Appeals in State and Federal Court. Contact us to find out more.
Post-Conviction Motions, CPL 440 Motions, Motions under 28 U.S.C §§ 2254, 2255, 2241 and Habeas Corpus Petitions
After a decision from an appellate court upholding a conviction, whether by plea or after trial, there are still options for attacking the conviction. Even if no appeal was filed, there may be post-conviction options available to attack a wrongful conviction. These options, called “collateral attacks,” can be based on, for example, Ineffective Assistance of Counsel at the plea, trial, or on appeal, Actual Innocence based on newly discovered evidence or evidence improperly withheld by the prosecutor, sentencing errors, a fundamental lack of fairness, a deprivation of Due Process, or any number of other constitutional and procedural violations that may have occurred throughout the case. Depending on the case, these claims can be brought in New York courts in the form of a CPL § 440 motion or in Federal Court, in the form of a motion under 28 U.S.C. §§ 2254, 2255, 2241 or Habeas Corpus petition.
A common scenario for filing a post-conviction motion is for Ineffective Assistance of Counsel based on a client’s prior attorney failing to advise the client of the Immigration Consequences of a guilty plea. Many times, particularly in New York State with our rich immigrant population, clients unknowingly plead guilty to crimes that later have disastrous immigration consequences, including deportation, denial of citizenship and revocation of status.
At the Law Offices of Joseph Z. Amsel, we have extensive experience handling post-conviction motions and we can put our experience and expertise to work for you. If you believe you may have post-conviction matter, contact us immediately.
Sealing of Criminal Record/Expungement
A recent New York State law allows for you to have your criminal record wiped clean and sealed of most misdemeanors and all but the most serious felony offenses. If you have been convicted of a crime that is more than ten years old, you may be eligible to have your criminal record sealed and expunged. This may allow you to become eligible for certain employment and get a fresh start. Contact us to find out if you are eligible. You’ve already served your time, now let us help you get a fresh start.