Learn About Varied Post-Judgment Relief Options
At the state level, both Article I, Section 4 of the New York Constitution, as well as Article I, Section 9 of the United States Constitution, which applies to the states, grant persons the right to petition the government for a Writ of Habeas Corpus — a demand to produce the body — or bring an individual detained unlawfully before a court.
Consult with the post-judgment relief attorneys at Rosenberg Law Firm to discuss the most promising options in your case.
About New York Postjudgment Writs
There are many reasons why an individual may be detained unlawfully. Thus, writs are generally viewed as emergency motions — immediate demands upon the state, or upon anyone with control over the individual who is presumably detained, to bring that individual into a courtroom for an explanation as to why his or her detainment is lawful.
The Writ of Habeas Corpus may provide emergent relief to the wronged party if an individual has been:
- Arrested and detained without an arraignment or hearing before a judge
- Detained illegally, depending on the case and circumstances
Less common, but no less effective for its purpose, the Writ of Coram Nobis is a motion asking a court for one of these reasons:
- To vacate or alter a judgment based on a fundamental error not necessarily appearing in the record,
- To allege ineffective appellate assistance of counsel
The Writ of Coram Nobis, or “Writ of Error Coram Nobis” is a remedy for injustices that may not be covered under a statutory authority. It is a motion from the “common law,” namely, from judicial doctrines interpreting the rights of the individual.
Strengths Of The Writ Of Coram Nobis
Over time, the Writ of Coram Nobis has become the de facto form of relief for those rare cases in which an individual has been denied effective assistance of appellate counsel.
What may appear to you to be an ineffective appellate filing might differ greatly from that of an appellate court. For example, the New York Court of Appeals has found that sloppy briefs without citations to case law do not necessarily fall below a standard of meaningful assistance under New York law.
On the other hand, a well-written brief that misses what may appear — in hindsight — to be a glaring trial error may be subject to a finding of ineffective assistance of counsel.
From time to time, the appellate courts in New York will grant a Writ of Error Coram Nobis on the basis of ineffective appellate assistance, and then allow a new appeal to be filed on a defendant’s behalf. Less often, the writ is used as a vehicle to handle any injustice that may not be resolved by statutory remedy.
What About Expungement?
Expungement is rarely a remedy available under New York law, except in cases of low-level marijuana convictions and some low-level prostitution convictions; instead, we seek to vacate wrongful convictions through the statutory canvass of a CPL 440 motion.
If your case is eligible for expungement, however, our attorneys can all but guarantee a positive outcome based on the statutory qualification(s) of your state law conviction. Do not hesitate to call and ask.
Ask Our Attorneys For Insights About Post-Judgment Relief In Your Case
Explore your options for postconviction relief and narrow down your choices to those most likely to be effective for you.