Wrongful Conviction Compensation Lawyers in New York City
Being wrongfully convicted is one of the most devastating injustices a person can face. Innocent people lose years-sometimes decades-behind bars, separated from family, careers, and opportunities. If you were wrongfully convicted in New York, you may be entitled to financial compensation and justice under New York law.
At Greenstein & Pittari, LLP, our New York City wrongful conviction lawyers fight for exonerees to recover damages and rebuild their lives.
Wrongful Conviction Compensation in New York (Court of Claims Act § 8-b)
New York provides compensation for innocent individuals under the Court of Claims Act § 8-b, also known as the Unjust Conviction and Imprisonment Act. Courts review each case individually and award damages they find fair and reasonable.
Who Is Eligible for Compensation in NYC?
To bring a claim under § 8-b, you must prove by clear and convincing evidence that:
- You were convicted and imprisoned for a felony or misdemeanor in New York you did not commit.
- Your conviction was overturned, vacated, or dismissed – or you were pardoned on grounds of innocence.
- If a new trial was ordered, you were acquitted.
- Your wrongful conviction was not caused by your own conduct.
Important: A guilty plea usually bars recovery, but coerced confessions and misconduct may create exceptions. Speak with an experienced wrongful imprisonment attorney in New York City to review your eligibility.
Grounds for Overturning a Wrongful Conviction
Successful § 8-b claims often involve:
- DNA or newly discovered evidence proving innocence
- Police or prosecutorial misconduct, including suppression of evidence
- Constitutional violations or prejudicial legal errors
- Insufficient evidence to sustain the conviction
What Must Be Proven
In addition to a favorable termination, you must establish actual innocence-that you did not commit the crime-and meet all statutory requirements. This is a high burden of proof, which is why you need a skilled NYC wrongful conviction lawyer.
Filing Requirements in New York
- Where to File: Claims must be filed in the New York Court of Claims (not Supreme Court).
- Who to Serve: Papers must be served on the New York State Attorney General.
- Deadline: Claims must be filed within two years of exoneration, dismissal, or pardon. Many claimants also file a Notice of Intention within 90 days to preserve rights.
Strict deadlines apply-missing them may forfeit your claim.
Damages for Wrongful Conviction in NYC
There is no fixed schedule. Courts evaluate:
- Length and conditions of incarceration
- Lost wages, benefits, and future earning capacity
- Emotional distress, psychological trauma, and loss of liberty
- Misconduct by officials (if proven)
- Reentry needs such as housing, education, counseling, and medical care
Additional Civil Lawsuits for the Wrongfully Convicted
In addition to a § 8-b claim against the State of New York, exonerees may pursue separate lawsuits against individuals or municipalities for:
- Malicious prosecution
- Fabrication or suppression of evidence
- Civil rights violations (42 U.S.C. §1983 claims)
These cases are often filed in federal court or New York Supreme Court and involve different procedures and deadlines.
Common Causes of Wrongful Convictions
Many wrongful convictions in New York arise from:
- False or coerced confessions
- Eyewitness misidentification
- Mishandled or fabricated forensic evidence
- Police or prosecutorial misconduct
- Inadequate defense representation
- False accusations
According to studies, thousands of people nationwide are wrongfully convicted every year, with some estimates suggesting 6% of the prison population may be innocent.
Why You Need a Wrongful Conviction Lawyer in NYC
Wrongful conviction lawsuits are complex and require:
- Reinvestigation of the original trial
- Collection of transcripts, DNA evidence, and expert testimony
- Identification of liable officers, prosecutors, or agencies
- Overcoming government immunity defenses
- Filing proper claims in both state and federal courts
- Calculating the full extent of damages
Our New York wrongful conviction attorneys have the experience to maximize compensation and hold officials accountable.
Time Limits to File in New York
The statute of limitations for wrongful conviction claims in New York begins when the conviction is overturned, vacated, or pardoned. Waiting too long can permanently bar your right to compensation. Act quickly.
Take Action Today
If you or a loved one was wrongfully convicted in New York City, you deserve justice, accountability, and financial recovery.
Contact Greenstein & Pittari, LLP today for a free consultation. We’ll evaluate your case, explain your options, and fight to secure the compensation you deserve.
Why Choose Greenstein & Pittari, LLP?
- Offices conveniently located in Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
- No fee unless we win – Our Fee Guarantee
- Bilingual legal services available
- Hundreds of positive client testimonials
- Award-winning attorneys recognized by Best Lawyers and Super Lawyers
- Proven track record of fighting for exonerees and accident victims across New York
Call 1-800-VICTIM2 (1-800-842-8462) today to schedule your free case review with a trusted New York wrongful conviction lawyer.
Greenstein & Pittari, LLP – Don’t Be a Victim Twice.