Q: Good afternoon, I am in need of assistance to have a case reviewed for discrepancies.
I am located in Michigan and my fiancee is located in Cayuga correctional facility NY. I am looking to have his case reviewed and possibly re-opened. I do not know where to start.
A: Most likely, what you are referring to would be a post-conviction motion under section 440 of the New York Criminal Procedure Law. These are not easy to win, and the grounds are fairly narrow. There are also issues as to whether this is something that was or could have been raised on appeal. An experienced criminal lawyer with post-conviction experience would have to review all available records, communicate with the inmate, and then decide if there is a meritorious basis for action. It is entirely possible that you would pay an attorney to do this, and be told it looks hopeless, but no decent attorney would file without performing due diligence, and you would not want such a lawyer. It simply comes down to whether you are willing or able to pay for this review. Be wary of any lawyer who promises something before such a diligent review.
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