Civil Rights

Unjust Conviction and Actual Innocence in New York: How a Civil Rights Attorney Can Help

What Is Prosecution?

In criminal law, prosecution is the legal process in which the government brings charges against an individual accused of committing a crime. In New York, as elsewhere in the U.S., the prosecution must have probable cause to pursue these charges. Probable cause means there must be sufficient facts to believe the person committed the offense ensuring that no one is criminally prosecuted without lawful justification. However, mistakes happen. Innocent people are sometimes wrongfully convicted and imprisoned for crimes they did not commit. In such cases, New York State law offers a legal path to seek justice and financial compensation.

What Legal Remedies Are Available for Unjust Conviction in New York?

Under the New York Court of Claims Act § 8-b, individuals who have been wrongfully convicted and imprisoned may file a civil lawsuit against the state to recover financial damages. To qualify, certain strict legal conditions must be met.

Eligibility Criteria for Filing an Unjust Conviction Claim:

To be eligible for filing an unjust conviction claim, a person must meet several criteria. First, they must have been convicted of a felony or misdemeanor in New York State and served all or part of the sentence imposed. Additionally, they must have been either pardoned on the grounds of innocence, or their conviction must have been reversed or vacated.

If the conviction was reversed or vacated, further conditions must be met: either the accusatory instrument (such as an indictment or information) must have been dismissed, or the individual must have been acquitted at a new trial or not retried, with the charges subsequently dropped.

Importantly, this statute applies only to people who can demonstrate actual innocence—not simply procedural errors or misconduct.

What Is a Claim of Actual Innocence?

A claim of actual innocence is a legal assertion that the convicted person did not commit the crime at all not just that their trial was flawed. This is often pursued through federal habeas corpus relief under cases such as Schlup v. Delo, 513 U.S. 298 (1995), and House v. Bell, 547 U.S. 518 (2006).

To succeed in a claim of actual innocence, a petitioner must prove:

They did not commit the crime, and
No reasonable juror would have convicted them in light of new evidence not presented at trial.

This is a very high legal burden, requiring detailed factual investigation, access to new forensic or testimonial evidence, and seasoned legal counsel.

Why You Need a Civil Rights Attorney

Claims involving unjust conviction, wrongful imprisonment, or actual innocence are legally complex and emotionally intense. These cases involve detailed legal filings, high evidentiary standards, and multiple jurisdictions (state and federal). A knowledgeable civil rights attorney in New York can help:

File timely claims under the Court of Claims Act;
Prepare and present compelling evidence of actual innocence;
Navigate federal habeas proceedings where applicable;
Pursue fair compensation for the years lost to wrongful incarceration.

Held & Hines LLP: Fighting for Justice After Wrongful Convictions

At Held & Hines LLP, our New York civil rights attorneys are deeply committed to justice. If you or a loved one have been wrongfully convicted and later exonerated, you may have the right to pursue compensation for your suffering, lost income, and lost time. We will fight tirelessly to:

Investigate your case thoroughly,
Build a compelling legal argument,

Seek maximum financial recovery for your wrongful imprisonment.

Frequently Asked Questions (FAQs) About Unjust Conviction in New York

Can I sue New York State if I was wrongfully convicted?

Yes. If you meet the criteria under Court of Claims Act § 8-b, including having your conviction vacated or being pardoned on grounds of innocence, you may file a civil claim for damages.

What kind of compensation can I receive for a wrongful conviction in New York?

You may be eligible for:

Lost wages,
Emotional distress,
Pain and suffering,
Legal costs,
And other damages associated with wrongful imprisonment.

There is no statutory cap, but each case is evaluated individually.

How long do I have to file a claim after exoneration?

Under Court of Claims Act § 8-b(7), you must file within 2 years after your pardon or after your conviction is vacated and the accusatory instrument dismissed. This is a strict deadline.

Do I need new evidence to claim actual innocence?

Yes. Federal courts require “new” evidence something that was not presented at trial and it must be strong enough that no reasonable juror would convict you if it had been known.

How can a civil rights attorney help me?

An attorney can:

File the appropriate claims in state or federal court,
Locate and present new evidence,
Work with forensic experts or investigators,
Advocate for your right to compensation and recognition of innocence.

Contact Held & Hines LLP Today

If you’ve been wrongfully convicted and later exonerated, don’t navigate this process alone. Contact the civil rights lawyers at Held & Hines LLP in New York City to schedule a consultation and begin your path to justice.

855.HELD.HINES