Syracuse, New York: Wrongful Conviction Lawyers

The Dietrich Law Firm P.C., Recognized as a U.S. News & World Report Best Law Firm, is Committed to Providing Unparalleled Representation for Wrongfully Convicted Individuals in Syracuse and Across Onondaga County. If You or a Loved One Served Time in Prison for a Crime That You Did Not Commit, the Dietrich Law Firm P.C. Could Help You File a Claim to Obtain Significant Compensation for the Time That You Lost to Injustice.

Every person charged with a crime in the United States is entitled to a baseline of protection against both corruption and incompetence. The most fundamental of these protections includes the right of due process, the presumption of innocence, and the idea that, no matter what the evidence may say, you are innocent until proven guilty.

However, the justice system does not always live up to its ideals. Each year, thousands of men and women across the country are arrested for crimes they did not commit. Of these thousands, perhaps as many as 5% are eventually convicted, sentenced, and stripped of their right to live an ordinary life.

The Dietrich Law Firm P.C. understands that no amount of money can compensate for a wrongful conviction. But, even if a settlement cannot replace years of lost potential, it could provide you with the resources you need to rebuild your life, reclaim your financial independence, and retell your own story on your own terms.

Please send us a message online or call our office at 1-866-529-5334 to speak to a wrongful conviction lawyer near Syracuse and schedule your 100% free consultation as soon as possible.

How New York State Defines A “Wrongful Conviction”

Every state has its own laws detailing under which conditions, if any, a wrongfully imprisoned person may obtain compensation for the physical and financial losses they suffered while behind bars.

In some states, there are no laws or statutes guaranteeing compensation for persons convicted of crimes they did not commit. And, in others, there are hard limits on damages. Michigan, for instance, only provides $50,000 for each year that a person was wrongfully imprisoned.

However, New York law is much more generous in both its applicability and in its scope.

Under the Court of Claims Act, Empire State residents who have been wrongfully convicted of either a felony or a misdemeanor are entitled to both of the following:

1. File a claim for damages against the state; and
2. Obtain damages for wrongful imprisonment, the amount of which is neither capped nor limited by state law.

Although the New York Court of Claims Act permits wrongful conviction lawsuits without any cap on damages, this statute also provides a very narrow definition of who is entitled to file claims against the state. Section 8(b) of the act specifically permits only claims filed by “any person [who was] convicted and subsequently imprisoned for one or more felonies or misdemeanors which he did not commit.”

In other words, the state will only consider providing compensation if all of the following conditions have been met:

1. The claimant was convicted of a crime;
2. The claimant was sentenced to imprisonment for the crime; and
3. The claimant served all or part of their sentence of imprisonment.

The Dietrich Law Firm P.C. could help you review your eligibility for wrongful conviction compensation and take the steps necessary to secure a fair settlement. Please send us a message online today to schedule your free consultation and begin exploring your options for legal relief.

3 Requirements To Obtain Wrongful Conviction Compensation In Syracuse

The New York Court of Claims Act ensures that wrongfully convicted men and women have a fair chance to obtain compensation for the immeasurable losses they suffered while serving time for a crime that they did not commit.

However, securing a court-ordered award or negotiating a settlement with the state often requires not only evidence that you were wrongfully convicted, but compelling proof that you did not commit any of the crimes with which you were originally charged and for which you were sentenced to imprisonment.

The most basic requirements outlined by the Court of Claims Act include the following:

1. Prove That Your Conviction Meets The Right Legal Criteria

Only former inmates who meet the following criteria are entitled to file a claim for wrongful conviction compensation:

1. You have been convicted of at least one felony or at least one misdemeanor;
2. Your case was prosecuted by the State of New York; and
3. You were sentenced to a term of imprisonment and served all or part of the sentence.

The Empire State’s statutes do not permit other people, including those who were wrongfully arrested, and those who were wrongfully convicted but never imprisoned, to obtain damages under the Court of Claims Act.

2. Establish the Merits of Your Claim

The New York Court of Claims Act only permits individuals who were wrongfully convicted of a crime to obtain compensation for their time spent behind bars.

To prove that a conviction and term of imprisonment were wrongful, you must provide compelling evidence of innocence. This is typically accomplished by providing evidence that one or more of the following legal actions occurred:

1. You received a pardon upon grounds of innocence for the conviction, or convictions, for which you are seeking compensation;
2. Your judgment or conviction was reversed or vacated, and the state has dismissed or will dismiss the original criminal complaint that served as the basis of your wrongful conviction;
3. You received a retrial and were found not guilty; and
4. You did not receive a retrial, but your conviction was reversed or vacated for another eligible reason, such as being pressured into making a false confession or being convicted on the basis of insufficient evidence.

However, even if your claim meets one or more of the above criteria, you must still be prepared to provide compelling evidence of the following:

1. You did not commit any of the acts detailed in the original criminal complaint filed against you; and
2. Your own conduct was not the cause of your wrongful conviction.

The Court of Claims Act specifies that compensation may only be provided to former inmates whose claims appear “likely to succeed at trial.” This means that extensive preparation is critical to success.

3. Determine Your Damages

Every wrongful conviction case is different, but New York’s courts can only rule in your favor if your claim includes a reasonable and detailed estimate of your damages. Of course, assessing damages in wrongful conviction cases can be very difficult: for most people, no amount of money could ever replace the months, years, or decades of their lives lost to injustice.

In the past, wrongful conviction-related awards have included compensation for damages, including, but not limited to, the following:

1. Loss of liberty;
2. Past anguish;
3. Past lost earnings;
4. Impairment of earnings;
5. Reduced earning potential;
6. Emotional pain and suffering; and
7. Psychological treatment, as well as other existing and anticipated costs incurred as a result of being sentenced to prison.

Although your damages are unique to you, courts across the Empire State typically provide millions of dollars in compensation to men and women who spent significant lengths of time in prison for crimes that they did not commit.

5 Ways The Dietrich Law Firm P.C. Could Help You Win A New York Wrongful Conviction Lawsuit

Even if you have already received a pardon, an exoneration, or a retrial, filing a claim for wrongful conviction compensation in Syracuse, New York, is rarely easy.

A successful claim, poses more than a multimillion-dollar threat to the state; it also threatens the reputation of police departments and prosecutors, who have every reason to argue that the charges and evidence against you were all brought in good faith.

You do not have to accept more excuses. Jed Dietrich, Esq., is a recognized Super Lawyer and American Institute of Trial Lawyers Litigator of the Year who has spent decades fighting for the rights of New Yorkers whose lives and liberty have been affected by injustice.

We could help you build a compelling, evidence-based claim for wrongful conviction compensation by taking steps, including but not limited to, the following:

1. Obtaining, reviewing, and analyzing the charges filed against you;
2. Locating remaining evidence from your case and using it to either establish your innocence or prove that the prosecution’s claims were flawed;
3. Subpoenaing, interviewing, and deposing witnesses, including eyewitnesses to the crime and the law enforcement officials who were involved in your case;
4. Assessing your damages and fighting for the highest possible settlement; and
5. Helping you explore other opportunities to obtain compensation.

The Dietrich Law Firm P.C. could help you assert your rights to a fair recovery, ensuring that you receive the compensation that you need and the justice that you deserve.

Please send us a message online, or call us at 1-866-529-5334 to speak to a wrongful conviction lawyer near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking wrongful conviction lawyers can fight to obtain the best result for your wrongful conviction claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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