Getting Post-Conviction Relief

Aaron Spolin

Award-winning New York post-conviction relief attorney Aaron Spolin has strategies that win cases. His skilled legal team at Spolin Law P.C. fights to achieve success every time.

There is a lot that goes into a triumphant appeal. It is vital that your appeals attorney knows important appellate deadlines, is comfortable and up to date with relevant legislation, and is able to advise you on which types of post-conviction relief will find you the most success. The team at Spolin Law does just that. We commit to reviewing your case with diligent eyes and attention to lead you on your path towards post-conviction relief.

We fight aggressively for our clients, using our proven strategy and trusted process to find them justice:

Step 1: Finding Mistakes in the Trial

It is during this vital step that the process begins. We will retrieve the transcript from your original trial in search of any egregious errors made that may have denied you your right to a fair trial. Here, we will use what we find to start building your defense and determining the correct course of action.

Step 2: Applying Appropriate Laws to the Case

Where a conviction is made without the proper application of law, an appeal may be appropriate. It is during this step that we confirm that the law used to prosecute you was in fact applicable to your case and that all of its legal elements were satisfied. Furthermore, we make sure recently passed laws that extend a new form of post-conviction relief are retroactively applied to eligible defendants.

Step 3: Introducing New Evidence

If new evidence surfaces that seriously questions the merit of a conviction, it may be appropriate to petition the court to review its contents and reevaluate. New evidence often arises when it comes to light that a prosecutor withheld information or there was an error in the original collection or analysis of evidence.

Step 4: Helping Clients Move Forward

Even upon being released from prison, formerly incarcerated individuals have difficulty reintegrating into society. We are dedicated to helping our clients rebuild their lives and reducing any of the social or work barriers that may be standing in their way. Whether it be relief from probation terms or sealing records, Spolin Law is here to help you move forward.

Using this strategy, our team has experience arguing both in state and federal courts. Call us for a free consultation at (512) 883-9831.

  1. Getting Post-Conviction Relief
  2. Filing Post-Conviction Relief Documents in Criminal Case
  3. Types of Post-Conviction Relief
  4. The Importance of a Post-Conviction Relief Lawyer

Filing Post-Conviction Relief Documents in Criminal Case

Appellate deadlines are strict and fast approaching. Missing one could seriously jeopardize your chance at freedom. With so many different types of post-conviction relief — each with its own timeline and rules — filing appeals can get confusing. We are here to keep you on track and ensure that one small mistake (like missing a deadline) doesn’t strip you of your opportunity for post-conviction relief.

To learn more about the urgency of these deadlines and the time frame for your case, call Spolin Law at (512) 883-9831.

  1. Getting Post-Conviction Relief
  2. Filing Post-Conviction Relief Documents in Criminal Case
  3. Types of Post-Conviction Relief
  4. The Importance of a Post-Conviction Relief Lawyer

Types of Post-Conviction Relief

Attorneys Aaron Spolin and Don Nguyen discussing strategies

The post-conviction attorneys at Spolin Law P.C. will seek every avenue possible to achieve relief for a client.

In choosing your legal team, it’s important that you select someone that thoroughly understands New York law and its application in the appellate world. Aaron Spolin knows these laws inside and out and knows which types of post-conviction relief may be applicable in your case. Some common relief Spolin Law P.C. works with include:

Motion to Withdraw a Plea

Sometimes, defendants naively enter into plea deals without understanding the gravity of their decision. This is often a result of ineffective counsel or coercion from police authority. In a motion to withdraw a plea, the defendant must prove they were unaware of what they were agreeing to and if successful may go to trial or negotiate a new, fair plea bargain.

Motion for a New Trial

If errors are found in the proceedings of a defendant’s original trial, the defendant may move to request a new trial. Grounds for this motion include prosecutorial misconduct or a prejudiced jury. However, it is important to note that these petitions are sparingly granted because judges are reluctant to admit fault in such a miscarriage of justice.

Writ of Habeas Corpus

Writs of Habeas Corpus are usually pursued as a last resort after all other types of post-conviction relief have been exhausted. This petition uses evidence of errors made during the original trial to challenge the defendant’s guilty verdict and wrongful incarceration. If granted, the defendant may walk free.

Early Termination of Probation

While probation provides individuals with a little more freedom, it still poses large barriers to re-entry into society. It can limit one’s ability to secure work or even travel between states. However, motioning for the early termination of probation can allow a defendant to take control of their life once again.

Commutation

Commutation is a form of clemency that gives the New York Governor the authority to reduce or even eliminate the current sentence of a defendant.

Sealing of Records

Having a criminal conviction on your record in New York can have far-reaching consequences. However, in 2017, New York passed legislation that expanded an individual’s ability to seal their criminal records. Those who have 2 or fewer convictions under their belt and have been crime-free for 10 years since their release may apply to seal their record. Sex offenses and violent and serious felonies are not eligible for sealing.

CPL 440 Motion

While different from a direct appeal, successfully filing a Motion to Vacate Judgment (Criminal Procedure Law section 440) may also result in a reduction of sentence, a new trial, or even release from prison. However, unlike appeals that challenge a conviction on the basis of errors found in the trial record, a CPL 440 attempts to do so by identifying issues that can not be found on the trial record, such as the emergence of new evidence or the acts or omissions of the defense lawyer.

  1. Getting Post-Conviction Relief
  2. Filing Post-Conviction Relief Documents in Criminal Case
  3. Types of Post-Conviction Relief
  4. The Importance of a Post-Conviction Relief Lawyer

The Importance of a Post-Conviction Relief Lawyer

Spolin Law legal team discussing with a client

The best post-conviction lawyers utilize key strategies to achieve success for their clients. Spolin Law P.C. works hard to help clients move forward with life.

Choosing the right appellate lawyer can largely impact the outcome and success of your case. You want someone like Aaron Spolin (Princeton, BA; UC Berkeley, JD), who leads a team of experienced and hardworking lawyers who have taken countless relief cases before New York Courts.

A good post-conviction relief lawyer can make an impact at each step of the way:

  • Application of the Law: Post-conviction relief is granted to those who are comfortable with the original laws and know how they relate to the case at hand. Having a clear understanding of these laws sets you up for a strong defense against the harshest of sentences or unfairest of convictions.
  • Analysis of the Record: This is a vital part of the process that allows attorneys to determine where the case went wrong and how they might be able to remedy the situation.
  • Commitment to Helping Clients Grow: After successfully arguing on behalf of our client, we want to see them soar. At Spolin Law we are devoted to protecting your rights and helping you leave your past behind you to achieve your highest hopes and dreams.

To learn about post-conviction relief options in your case, contact the criminal defense attorneys at Spolin Law P.C. for a free consultation at (512) 883-9831.