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In the United States, the criminal law system, governed by federal and state statutes, defines the permissible punishments for criminal offenses. Both the federal government and individual states maintain their own penal codes, outlining specific crimes and their corresponding penalties.
These punishments can include:
The severity of the punishment is directly related to the nature of the crime committed. Crimes are broadly categorized into:
It is crucial to consult with a knowledgeable criminal defense attorney if you face criminal charges. They can explain the specific laws applicable to your case, the potential penalties you may face, and help you navigate the complexities of the criminal justice system.
Having an experienced criminal defense attorney on your side that will fight for you to represent your rights within this system is key.
Have you been accused of a crime? Contact us immediately. Don’t forfeit your rights or worsen your situation.
Under New York law, an arrest is defined as the taking of a person into custody to answer for an offense, as outlined in the New York Criminal Procedure Law (CPL) Section 140.05. This typically involves a police officer informing an individual that they are “under arrest” and the individual submitting to the officer’s authority. Physical restraint or handcuffs are not always necessary for an arrest to occur; the crucial element is the officer’s exercise of control over the individual, as established in case law such as People v. Yukl, 25 N.Y.2d 585 (1969).
If you have been arrested, we can help. Do not hesitate the contact us right away.
Following an arrest, as defined in New York Criminal Procedure Law (CPL) § 140.05, the subsequent critical stage in the criminal justice process is the arraignment. This initial court appearance is mandated by CPL § 170.10 and serves as the defendant’s formal introduction to the judicial proceedings. During arraignment, the specific charges filed against the defendant are formally presented, as outlined in CPL § 180.10.
While the typical plea entered at arraignment is “not guilty,” alternative options like “guilty” or “nolo contendere” (no contest) may be strategically advantageous in certain situations. These plea options, along with their potential implications, are detailed in CPL Article 220.
Consulting with a seasoned criminal defense attorney before arraignment is paramount. An attorney can provide invaluable guidance through the complexities of the arraignment process, explain the potential consequences of each plea option, and ensure that your rights are protected from the very beginning of your case.
Have you been arrested, but not yet arraigned? If so contact us to help you.
While arraignment is typically the time when bail is set, under New York’s bail reform laws, it’s possible for a defendant to be remanded without bail initially, with a bail hearing scheduled for a later date.
In such cases, the judge at the bail hearing is tasked with determining an appropriate bail amount that ensures the defendant’s return to court. Several factors are considered in making this decision:
The goal of this process is to balance the need for public safety with the presumption of innocence until proven guilty, ensuring the defendant’s presence throughout the legal proceedings while respecting their rights.
Has someone you know been arrested, but bail has not been set?
It is important that you contact us immediately, as we can help to secure their release.
While a criminal conviction can have a devastating impact on a person’s life, it’s important to remember that it doesn’t necessarily mark the end. There’s still a possibility to seek justice through appeals and post-conviction motions, as provided for in the New York Criminal Procedure Law (CPL).
Appeals: If a procedural or legal error occurred during your trial, you can file an appeal, requesting a higher court to review and potentially overturn the decision, as per CPL Article 450. This process allows for the correction of any mistakes that may have negatively affected your case.
Post-Conviction Motions: These motions, such as those outlined in CPL Article 440, offer another opportunity to present new information to the court, potentially leading to relief, a new trial, or even the vacating of your sentence. New evidence, legal errors, or constitutional violations discovered after the trial can be grounds for these motions.
It’s crucial to remember that appeals and post-conviction motions come with strict deadlines, as specified in the CPL. Don’t hesitate to consult with an experienced criminal defense attorney to understand your options and ensure that you meet all necessary legal requirements. They can help you navigate this complex process and advocate for your rights, increasing your chances of a successful outcome.
Remember, even after a conviction, there are legal avenues to explore. With the right legal guidance, you can work towards achieving justice and a more favorable outcome.
Have you been convicted of a crime? If so, it is important that you contact us immediately. We can help protect your rights on appeal or 1 through post-conviction relief.
In New York, driving while intoxicated (DWI) or driving under the influence (DUI) is considered a serious offense, governed by some of the strictest laws in the nation, as outlined in the New York Vehicle and Traffic Law (VTL). A conviction for an alcohol or drug-related driving offense can result in severe penalties, including:
Beyond these immediate consequences, additional penalties may be imposed by the Department of Motor Vehicles (DMV):
Repeat offenses carry even more severe penalties. A second DWI/DUI within 10 years of the first can lead to felony charges under VTL § 1193, escalating the potential consequences significantly.
The STOP-DWI law in New York has intensified efforts to combat drunk and impaired driving. It facilitates coordination between counties, such as Westchester, to reduce alcohol or drug-related crashes. This translates into more police officers with specialized training and equipment on the roads, increasing the likelihood of detection for those driving under the influence.
If you are facing DWI/DUI charges, seeking legal counsel from an experienced attorney is crucial. They can help you understand the specific charges and potential penalties, navigate the complexities of the legal process, and work towards the best possible outcome for your situation.
No two DWI/DUI cases are the same, and the potential outcome of your case depends on the specific facts and circumstances. Having an experienced attorney by your side can make a significant difference.
Have you been arrested for a DWI or DUI? Contact us immediately. We can help!
New York State law empowers police officers to stop you if they suspect you’re driving under the influence of alcohol or drugs. You might be asked to perform field sobriety tests, including a breath test, during the stop. If arrested, you’ll likely be asked to take a chemical test (blood or urine) to determine your blood alcohol concentration (BAC).
Refusing a chemical BAC test results in an automatic license suspension at your arraignment. However, you have the right to a DMV hearing within 15 days of this suspension.
If you have a DMV hearing scheduled, contact us immediately. It’s crucial to protect your rights and avoid making the situation worse. We can provide legal guidance and representation to help you navigate the complexities of the DMV hearing and work towards the best possible outcome. Don’t delay, reach out today!
In New York, Commercial Driver License (CDL) holders, including those with Class A, B, or C licenses, face stricter BAC limits than regular drivers. A single DWI, DWAI conviction, or a BAC of .04% or higher, results in a mandatory one-year CDL revocation. For those transporting hazardous materials, this revocation extends to three years.
Further, a second such conviction within the driver’s lifetime leads to a permanent CDL revocation, with a potential waiver after ten years. A third conviction results in permanent and irrevocable loss of the CDL.
It’s important to emphasize that New York law offers no conditional or hardship driving privileges to commercial drivers following a DWI/DWAI conviction. The consequences are severe and can significantly impact a commercial driver’s livelihood..
New York’s “Leandra’s Law” (The Child Passenger Protection Act), codified in part under Vehicle and Traffic Law Section 1192(2-a)(b) and Section 509-a, imposes stringent penalties for Driving While Intoxicated (DWI) convictions when a passenger under the age of 16 is present in the vehicle. This law has positioned New York’s drunk driving consequences among the most severe in the nation.
Consequently, individuals sentenced for a DWI are mandated to have an ignition interlock device installed on any vehicle they own or operate, as stipulated in Vehicle and Traffic Law Section 1198(5). Moreover, their driver’s license will be marked with an “ignition interlock” restriction in accordance with Vehicle and Traffic Law Section 509-f.
An Ignition Interlock Device (IID), as defined in New York Vehicle and Traffic Law Section 1198, is a breath alcohol analyzer connected to a vehicle’s ignition system. It measures the operator’s breath alcohol content (BAC) and prevents the vehicle from starting if the BAC exceeds a predetermined limit, usually set at 0.025% or lower. The device may also require periodic breath samples while the vehicle is in operation, as per Vehicle and Traffic Law Section 1198(5)(b). If any alcohol is detected during these rolling retests, the ignition will be disabled.
The duration for which an IID must be installed varies based on the number of convictions. For a first DWI conviction, the device is required for a minimum of six months, as per Vehicle and Traffic Law Section 1198(5)(a)(i). For subsequent convictions, the installation period corresponds to the length of the license suspension imposed for that conviction. For example, if a second conviction results in a one-year license suspension, the IID must be installed for one year.
It’s important to note that drivers are financially responsible for all costs associated with the installation, maintenance, and monthly monitoring of the IID, as outlined in Vehicle and Traffic Law Section 1198(8)..
The State of New York has multiple offense classifications for impaired drivers. Types of alcohol and drug-related violations in New York State are as follows:
Enhanced Penalties for Multiple Offenses:
New York Vehicle and Traffic Law (VTL) Section 511 outlines increased penalties for multiple alcohol or drug-related driving violations within a 25-year look-back period.
Surcharges: In addition to other penalties, surcharges are mandated for alcohol-related misdemeanors (VTL Section 1809-e) and felonies (Penal Law Section 60.35). The surcharge amount for misdemeanors is $260, while for felonies, it’s generally $400 but can vary slightly based on the convicting court.
Permanent Revocation: Three or more alcohol or drug-related convictions or refusals to submit to a chemical test within a 10-year period can result in a permanent revocation of your driver’s license. However, a waiver request may be permitted after at least 5 years (VTL Section 510(3)(a)(iv)).
Aggravated DWI: A conviction for Aggravated DWI within the preceding 10 years generally leads to a minimum 18-month revocation (VTL Section 510(3)(a)(ii)).
Repeat Offenders: Prior convictions for Aggravated DWI, DWI, DWAI/Drug, DWAI/Combination, vehicular assault, aggravated vehicular assault, or vehicular manslaughter/homicide three or more times within the preceding 15 years constitute a Class D felony (VTL Section 1193(1)(c)(ii)).
Key Takeaway:
New York’s DWI laws are designed to deter repeat offenses and protect public safety. Multiple convictions within specified timeframes lead to increasingly severe penalties, including potential permanent license revocation and felony charges.
Traffic violations are a common occurrence, not only in New York but throughout the United States. These infractions often result in a traffic ticket issued by law enforcement, as outlined in the New York Vehicle and Traffic Law (VTL). Navigating the aftermath of a moving violation ticket in New York can be complex due to the varying procedures across different jurisdictions. For instance, the process for handling a ticket in Westchester County differ from that in Albany, Buffalo, and specially New York City, each with their own local traffic courts and procedures.
Beyond the immediate inconvenience, the financial repercussions of a traffic violation can be substantial. Fines imposed under the VTL, coupled with potential surcharges mandated by state law, can quickly accumulate. Moreover, traffic convictions often trigger insurance premium increases, adding to the overall financial burden.
Given these complexities and potential costs, seeking the assistance of a knowledgeable traffic violation attorney can be invaluable. They can guide you through the legal process specific to your jurisdiction, potentially negotiate reduced charges or fines, and work to protect your driving privileges. By enlisting their expertise, you can navigate the aftermath of a traffic violation more effectively and potentially mitigate its impact on your finances and driving record.
The New York State DMV employs a point system to identify and take action against high-risk drivers, as outlined in the New York Vehicle and Traffic Law (VTL).
Point System
The DMV assigns points for specific traffic violations. If you accumulate 11 points within 18 months, your driver’s license may be suspended, per VTL § 510. Points are calculated based on the violation date, not the conviction date.
Fines and Penalties
In addition to points, traffic violations also carry fines. The amount of the fine varies depending on the specific violation. Some common traffic violations and their associated points include:
Driver Responsibility Assessment (DRA)
If you accumulate 6 or more points on your driving record within 18 months or are convicted of certain serious traffic offenses, you must pay a DRA fee. The DRA is a surcharge that is paid over three years, with the amount based on the number of points accumulated.
Point and Insurance Reduction Program (PIRP)
To reduce points on your driving record and potentially lower your insurance premium, you can complete the Point and Insurance Reduction Program (PIRP), also known as a defensive driving course.
Key Points to Remember
It’s crucial to understand the New York DMV’s point and fine system to avoid license suspension and other penalties. If you have any questions or concerns about your driving record or if you were issued a traffic ticket, it is wise to act quickly to solve the problem. You can do this by contacting us immediately to learn how we can help with your situation.
Navigating Complex Traffic Laws & Procedures: New York traffic laws and court procedures can be intricate. We understand the nuances and understand the potential consequences of your case.
Mitigating Penalties: Traffic violations can result in fines, points on your license, increased insurance premiums, or even license suspension. We can negotiate with the prosecution to reduce or dismiss charges, potentially minimizing these penalties.
Protecting Your Driving Privileges: For commercial drivers or those facing multiple offenses, retaining your driving privileges is crucial. We will strongly advocate for you, especially if your livelihood depends on it.
Court Representation: If your case goes to trial, having a lawyer by your side can be invaluable. We will challenge evidence, present a strong defense, and argue for the best possible outcome on your behalf.
Peace of Mind: Dealing with traffic violations can be stressful and time-consuming. We will handle the legal aspects of your case, allowing you to focus on your daily life.
Specific Enhancements Under NY Law:
Remember: The effectiveness of a traffic lawyer depends on their experience and knowledge of local laws. Don’t hesitate to call us. It could make a significant difference in the outcome of your case.
In New York, both the state government and federal government have the authority to issue and subsequently suspend or revoke various licenses, as enshrined in respective state and federal statutes. The most commonly suspended or revoked license is the driver’s license, regulated by the New York Vehicle and Traffic Law (VTL). However, a multitude of other licenses, spanning various industries and activities, are also subject to suspension or revocation. These include, but are not limited to, licenses for liquor sales (regulated by the New York State Liquor Authority), construction, home improvement, manufacturing, real estate, firearms, tobacco, and gambling.
In most instances, individuals or businesses facing license suspension or revocation are entitled to a hearing, a right often guaranteed by due process considerations under the U.S. and New York State Constitutions. Typically, such hearings are conducted before an Administrative Law Judge (ALJ), an impartial adjudicator who will hear testimony and evaluate evidence presented by all parties and their respective witnesses. The hearing’s purpose is to afford the licensee or the business owner an opportunity to present a defense against the charges in a fair and unbiased forum.
It’s crucial to act promptly when facing a license suspension or revocation. Failure to do so can adversely affect your defense. Depending on the allegations’ nature, requesting an adjournment of the hearing date may be necessary. Such requests, however, must be submitted in a timely manner and accompanied by compelling reasons justifying a rescheduled hearing.
Key Takeaway:
Whether it’s a driver’s license or a license related to your business or profession, swift and decisive action is vital when facing suspension or revocation. Time is of the essence. If you have received notice that your license is going to suspend or revoked, it is important that you contact us immediately.
White collar crime encompasses a range of nonviolent criminal offenses that are financially motivated. Examples of white collar crime include the following:
Simply because accusations were raised against you or your business does not mean the accusations are true. If you or your business have been wrongly accused of any form of white collar crime, read on to find out what we can do to assist you.
White-collar crime broadly refers to non-violent offenses typically committed in a business or professional setting with the primary motive of financial gain. In New York, these offenses are often prosecuted under various state laws, such as the New York Penal Law, as well as federal statutes like the Securities Exchange Act of 1934 and the Racketeer Influenced and Corrupt Organizations Act (RICO).
Some examples of white-collar crimes prevalent in New York include:
It’s crucial to remember that an accusation does not equate to guilt. If you or your business face allegations of white-collar crime, seeking immediate legal counsel is essential. An experienced attorney specializing in white-collar defense can assess the situation, protect your rights, and strategize an effective defense based on the specific charges and evidence presented.
Identity fraud, as defined in New York Penal Law Article 190, occurs when a person knowingly and with intent to defraud, assumes another person’s identity by using or possessing their personal identifying information, such as their name, date of birth, Social Security number, or financial account information.
This fraudulent use of another’s identity frequently paves the way for various other types of fraud, including credit card fraud. By assuming someone else’s identity, perpetrators can gain access to their credit card information, make unauthorized purchases, or even open new lines of credit in the victim’s name, causing substantial financial harm and impacting their credit history.
Medicare and Medicaid fraud, as prohibited under both federal law (42 U.S. Code § 1320a-7b) and New York State law (New York Social Services Law § 366-d), can be perpetrated by a variety of individuals and entities within the healthcare system. This includes doctors, patients, healthcare facilities, or anyone who falsely impersonates one of these parties to obtain benefits or payments they are not entitled to.
Examples of such fraudulent activities include:
Such fraudulent actions not only result in significant financial losses for the government programs but can also compromise the quality of care provided to patients. If you suspect any instance of Medicare or Medicaid fraud, it’s crucial to report it to the appropriate authorities, such as the New York State Office of the Medicaid Inspector General or the federal Centers for Medicare & Medicaid Services (CMS).
Bank fraud, under both federal law (18 U.S. Code § 1344) and New York State law (New York Penal Law Article 165), is a criminal offense that involves the use of deceitful tactics or schemes to illegally acquire money, assets, or other property from a bank, financial institution, or its depositors. This can include a wide range of activities such as:
Bank fraud can have severe consequences for both individuals and businesses, including significant financial losses, damage to reputation, and criminal charges.
If you suspect any fraudulent activity related to your bank accounts or transactions, it’s crucial to report it to your bank and the appropriate authorities promptly.
Tax fraud, as defined in New York Tax Law Article 37, occurs when an individual or business entity willfully engages in acts or omissions with the intent to evade any tax due under the Tax Law or to defraud the state or any political subdivision thereof.
This includes, but is not limited to:
The severity of tax fraud charges can vary based on the amount of tax evaded and other factors. Penalties may include fines, imprisonment, and the requirement to pay back taxes owed plus interest and penalties.
In New York, tax fraud is categorized into five degrees, with the first degree being the most serious, carrying potential penalties of up to 25 years in prison, as per New York Tax Law Section 1801.
It is essential to note that even unintentional errors on a tax return can lead to penalties and interest. It’s always advisable to seek the assistance of a qualified tax professional to ensure accurate and compliant tax filings.
Credit card fraud, prohibited under both federal law (18 U.S. Code § 1029) and New York State law (New York Penal Law Article 165), encompasses a variety of illegal activities involving the deceitful use of credit cards. These activities can include:
Credit card fraud is a serious crime that can result in significant financial losses for both individuals and businesses. It can damage credit scores, lead to identity theft, and result in criminal charges carrying substantial fines and potential imprisonment.
Unemployment fraud, as defined in New York Labor Law § 594, involves the intentional provision of false information or the concealment of material facts to obtain unemployment insurance benefits to which one is not entitled.
This includes, but is not limited to:
Unemployment fraud is a serious offense that can result in penalties including repayment of benefits, fines, and even criminal prosecution.
Insurance fraud, prohibited under New York Penal Law Article 176, is a crime that involves any act or omission committed with the intent to defraud an insurer or obtain any benefit or payment from an insurance policy through deceitful means.
Examples of insurance fraud under New York law include:
Insurance fraud is a serious offense that can carry significant penalties, including fines, restitution, and even imprisonment.
It’s important to be aware that even seemingly minor acts of deception related to insurance claims can constitute fraud.
Bankruptcy fraud, as defined in 18 U.S. Code § 152 and New York Penal Law Article 185, encompasses a variety of deceptive practices aimed at abusing the bankruptcy system for personal gain. It occurs when individuals or entities knowingly provide false information, conceal assets, or engage in fraudulent schemes to manipulate the bankruptcy process.
Examples of bankruptcy fraud include:
Bankruptcy fraud is a serious federal crime that can carry severe penalties, including fines, imprisonment, and the denial of debt discharge. It’s crucial to remember that honesty and transparency are fundamental principles of the bankruptcy process.
Computer fraud, as defined in the federal Computer Fraud and Abuse Act (CFAA) (18 U.S. Code § 1030) and also reflected in various New York State statutes such as New York Penal Law Article 156, involves the unauthorized access, use, or alteration of computer systems or data with the intent to defraud or cause damage.
This can encompass a wide array of activities, including:
The penalties for computer fraud can be severe, including fines, imprisonment, and restitution to victims. It is crucial to protect your computer systems and data from unauthorized access and to report any suspected computer fraud to the appropriate authorities.
White collar crime is a serious offense that can result in strict punishments that vary based on the level of the crime committed. Punishments range from monetary fines to prison time, and can include a combination of both. Other penalties for committing white collar crime can include home detention, community confinement and restitution. White-collar crime, though non-violent, carries significant legal consequences. The penalties for these offenses vary widely, depending on the nature and severity of the crime, as reflected in federal statutes such as 18 U.S. Code § 3559 and New York Penal Law Article 70.
Punishments can range from substantial monetary fines to lengthy prison sentences, with many cases resulting in a combination of both. Additionally, courts may impose alternative sanctions such as home detention, community confinement, or restitution to victims, as outlined in 18 U.S. Code § 3563 and New York Penal Law Article 65.
The specific penalties imposed will depend on various factors, including the type of white-collar crime committed, the amount of financial loss incurred by victims, the defendant’s prior criminal history, and their level of cooperation with authorities.
If you have been accused of committing white collar crime, we are here to help you. Contact us to find out how our passionate and knowledgeable team of attorneys can assist you with your case.
Even After a Guilty Plea or Verdict, There’s Still Hope: Exploring Appeals and Post-Conviction Relief
A guilty plea or verdict in state or federal court can feel devastating, but it’s important to understand that it doesn’t necessarily signify the end of your legal journey.
At The Law Office of James Monteleon, we’re here to guide you through the potential avenues for seeking justice, including appeals and post-conviction relief.
Appeals in New York
If you believe errors occurred during your trial that impacted the outcome, you have the right to appeal your conviction. This involves requesting a higher court to review the lower court’s decision, as outlined in the New York Criminal Procedure Law (CPL) Article 450. Common grounds for appeal include:
Post-Conviction Relief in New York
Post-conviction relief, primarily governed by CPL Article 440, offers another avenue for challenging your conviction or sentence. This process involves presenting new evidence or legal arguments that were not available during the original trial. Grounds for post-conviction relief may include:
The Law Office of James Monteleon’s Commitment
We understand the complexities of the appeals and post-conviction relief process in New York. Our experienced attorneys will meticulously analyze your case, identify potential grounds for appeal or post-conviction relief, and develop a compelling legal strategy to fight for your rights.
If you or a loved one have been convicted of a crime, don’t give up hope. Contact the Law Office of James Monteleon, today for a confidential consultation. We’re here to fight for you and pursue every available legal option to achieve the best possible outcome.
Even after a guilty plea or verdict, avenues for recourse exist. Depending on the specific circumstances, you may be able to appeal your conviction, as provided for under New York Criminal Procedure Law (CPL) Article 450 and the Federal Rules of Appellate Procedure.
In an appeal, a higher court, known as the appellate court, reviews the lower court’s decision, focusing on any potential legal or procedural errors that occurred during the trial. This process allows for a re-examination of the case to ensure fairness and adherence to the law.
In New York State, defendants typically have 30 days from the date of sentencing to file a notice of appeal, as outlined in CPL 460.10(1)(a). While a successful appeal may not always result in the outright reversal of a conviction, it can often lead to the case being remanded back to the trial court for further proceedings or a new trial.
A reversal of conviction, although uncommon, can occur under certain circumstances. One of the most frequent reasons for reversal is when the appellate court determines that the evidence presented at trial was insufficient to support a conviction beyond a reasonable doubt, as established in cases like People v. Bleakley, 69 N.Y.2d 490 (1987). In such instances, the case may be dismissed.
It’s important to consult with an experienced criminal defense attorney to assess the viability of an appeal and navigate the complex appellate process. They can identify potential legal errors, craft persuasive arguments, and advocate for your rights in the appellate court.
Even if an initial appeal is unsuccessful, further avenues for seeking justice may exist. A defendant could petition the New York State Court of Appeals or even the Supreme Court of the United States, although it’s important to recognize that these courts have discretionary jurisdiction and rarely accept such cases.
In instances where a defendant’s rights were violated during the trial, a Writ of Habeas Corpus can be pursued, as provided for in New York Civil Practice Law and Rules (CPLR) Article 70 and 28 U.S. Code § 2254. This is a court order compelling a government official, usually the warden of a prison, to produce the incarcerated individual before the court and justify the legality of their detention.
The court often conducts a hearing where the petitioner can present evidence challenging the lawfulness of their incarceration. However, it’s crucial to remember that a Writ of Habeas Corpus is not a universal remedy and is subject to specific limitations and procedural requirements.
Consulting with an experienced criminal defense attorney is crucial to determine whether a Writ of Habeas Corpus is a viable option in your case and to navigate the complex legal procedures involved.
Under New York’s Criminal Procedure Law (CPL) Article 440, individuals convicted of a crime have the opportunity to challenge their judgment of conviction by filing a motion to vacate the judgment. This motion can be made at any point after the judgment is entered, even while incarcerated or after completing the sentence.
The purpose of a 440 motion is to present new evidence or legal arguments that were not available during the original trial. If the court finds merit in the motion, it has the power to:
Grounds for Granting a 440 Motion
The court may grant a 440 motion under various circumstances, including:
False Evidence or Violation of Rights: If material evidence presented during the trial was false or the defendant’s constitutional rights were violated, as per CPL 440.10(1)(c) and (g), the court may vacate the judgment.
Lack of Jurisdiction: If the court lacked jurisdiction to try the case, as per CPL 440.10(1)(a), the judgment can be vacated.
Mental Incapacity: If the defendant was mentally incompetent to understand the proceedings or assist in their defense due to insanity or other mental illness, as per CPL 440.10(1)(d), the judgment may be vacated.
Newly Discovered Evidence: New evidence that was not available during the trial and could have significantly impacted the outcome may warrant vacating the judgment, as per CPL 440.10(1)(g).
Violation of Rights: If the judgment was obtained in violation of the defendant’s constitutional or statutory rights, the court may grant the motion, as per CPL 440.10(1)(h).
It’s crucial to remember that a 440 motion is a complex legal procedure, and success is not guaranteed. Consulting with an experienced criminal defense attorney is crucial to evaluate your case, determine if a 440 motion is appropriate, and effectively present your arguments to the court. Contact US if you want us to review your case.
If you have been found guilty or plead guilty, our experienced team of attorneys can assist you with your needs. Contact us today to understand how we can help you with your case.
