What is a 440 Motion? Understanding Post-Conviction Relief in New York
If you or a loved one has been convicted of a crime in New York, you may feel like your options are limited. However, the law provides important avenues for challenging a conviction—even after sentencing. One of the most powerful tools available is the “440 motion,” named after Section 440 of the New York Criminal Procedure Law.
What is a 440 Motion?
A 440 motion is a legal request to the court to vacate (set aside) a criminal conviction or sentence. Unlike appeals, which are based on errors found in the trial record, a 440 motion allows you to present new evidence or raise issues that were not part of the original trial. This can include:
– Newly discovered evidence that could not have been found before trial
– Ineffective assistance of counsel (your lawyer did not represent you properly)
– Prosecutorial misconduct or constitutional violations
– Fraud or misrepresentation by the prosecution
Why File a 440 Motion?
A successful 440 motion can result in your conviction being overturned, your sentence being reduced, or even a new trial. It’s a critical lifeline for those who believe they were wrongfully convicted or unfairly sentenced.
How Does the Process Work?
Filing a 440 motion is complex and requires a deep understanding of New York criminal law. The process involves:
1. Investigating the case and gathering new evidence
2. Drafting a detailed legal argument
3. Submitting the motion to the court that handled the original conviction
4. Attending hearings, if the court schedules them
Why Choose the Law Office of Jason H. Krinsky?
Successfully navigating a 440 motion requires experience, dedication, and a thorough understanding of post-conviction law. At the Law Office of Jason H. Krinsky, we have helped many clients challenge their convictions and fight for a second chance. We will review your case, identify all possible grounds for relief, and guide you through every step of the process.
Contact Us Today
If you believe you have grounds for post-conviction relief, don’t wait. Call us at 917-991-8006 or visit our Brooklyn office to schedule a confidential consultation. Let us help you explore your options and fight for your future.
