Post-Conviction Release


Let a professional criminal defense law firm uphold your rights

A criminal conviction is one of the most challenging life events an individual can face. However, it is important to know that the legal process does not end with convictions — there are often many options for appeal and post-conviction relief available to criminal defendants who have pled guilty or who have been found guilty by a court. The knowledgeable NYC lawyers at the Law Offices of Tacopina Seigel & DeOreo can review your unique situation, explain your post-conviction relief options and advise you as to which one is most suitable for your case.

Lawyers in NYC can assist you with appeals

Criminal appeals focus on procedural and legal errors that occurred during the criminal trial. There are numerous potential grounds for appeal that may be available in your particular case, but your criminal defense attorneys must timely file and prosecute those appeals. Accordingly, it is essential that you retain experienced appellate counsel familiar with the possible grounds for appeal and appellate procedure.

What is post-conviction relief?

Post-conviction relief refers to a category of legal remedies that seeks to release a defendant from the consequences and penalties imposed under a conviction. The knowledgeable criminal law attorneys at the firm can provide more information about this area.

Most forms of NY post-conviction relief are rooted in the state and federal constitutions and include the following:

  • Writ of coram nobis:

    The writ of coram nobis is sought by filing a petition with the same court in which the defendant was tried or entered a guilty plea. Unlike an appeal, which usually focuses on legal errors, the writ of coram nobis is designed to correct factual errors or factual consequences that were unknown to the defendant before pleading guilty. For example, if the prosecution fails to advise an immigrant defendant that pleading guilty to certain crimes will likely lead to automatic deportation, a writ of coram nobis may come into play.

  • Writ of habeas corpus:

    An application for a writ of habeas corpus is used to challenge the legitimacy of a prisoner’s custody. Most often, the writ is sought when the defendant or the defendant’s attorneys believe the court that imposed a criminal sentence was acting outside its jurisdiction or that the sentence imposed was unlawful and when a defendant’s sentence has expired. Unlike a writ of coram nobis, the writ of habeas corpus is only available to defendants who are currently in custody.

Comprehensive criminal law support from accomplished NY attorneys

Whether you have recently been arrested or require competent help filing an appeal, the trusted and highly successful legal team at the Law Offices of Tacopina Seigel & DeOreo can stand by your side. Call today at 212-227-8877 or contact us online to schedule a consultation with an experienced attorney at the firm.