With new advances in the science of DNA evidence, more and more New Yorkers doing time for heinous crimes such as murder and rape are being released because they were wrongfully convicted. Wrongful conviction happens for many reasons. Some of the most prevalent are: Eye witness misidentification, bad forensic science, false confessions (sometimes forced), and false informants who seek more favorable treatment in exchange for testifying against an alleged perpetrator of a crime. Back when these convictions happened, DNA science was not as advanced as it is today. In many such cases, the old DNA evidence can be re-analyzed with the new science, and innocence can be proved.

New York State allows the wrongfully convicted to bring a claim against the State of New York for compensation for the time wrongfully spent in prison. This kind of lawsuit is brought by someone who was actually convicted of a crime, and did time in prison, but was later released from prison because of new evidence that tended to exonerate him.

Under New York State Court of Claims Act section 8-b, the wrongfully convicted claimant has to prove, with clear and convincing evidence, that he was innocent of all of the crimes for which he was convicted, and that "he did not by his own conduct bring about the conviction". Note that the claimant does not have to prove that the State did anything wrong.

Compensation for victims of wrongful conviction can be substantial, since our courts recognize the devastating change in life suffered by the innocent victim of a wrongful conviction. Michaels & Smolak handles wrongful conviction cases and provides an initial free consultation to clients who believe they have such a case. Thereafter, if Michaels & Smolak accepts the case, they represent the client on a contingency fee bases (you only pay if we win). CONTACT Michaels & Smolak if you believe you or a loved one has a wrongful conviction case.