New Laws Under Consideration In New York May Challenge Wrongful Convictions

Over 300 New Yorkers have been exonerated for crimes they didn’t commit, but many more could still be behind bars. We have the nation’s third highest rate of wrongful convictions.

Many of these individuals pled guilty because they were pressured by circumstance into bad plea bargains, or because they’d been psychologically harangued into making a false confession. Until New York tightened up its discovery laws, arrestees often did not have any idea what evidence the state actually had on them, and so were quite vulnerable.

Often, prosecutors are not even held accountable for the legal violations that lead to wrongful convictions.

New York is currently considering a package of bills that would attempt to reduce the rate of wrongful convictions in New York. It might also help the wrongfully convicted find their way out of prison at last.

The provisions in the bill are:

1. Banning the use of deceptive police interrogation tactics. Currently, the police are legally permitted to lie to arrestees in all 50 states.
2. Requiring confessions to be assessed for reliability.
3. Allowing those who pled guilty to climes they did not commit to file post-conviction claims to have their cases reviewed and convictions overturned in cases that do not have DNA evidence. In New York, it is currently only possible to file post-conviction claims if new DNA evidence has arisen which might help prove a person’s innocence.
4. The provision of a right to post-conviction discovery.
5. The establishment of a right to an attorney for those with wrongful conviction claims.
6. The Youth Right to Remain Silent bill would protect minors in the custody of law enforcement officer by making it impossible for them to waive their 5th Amendment rights before speaking to an attorney. An attorney could then have the chance to explain what their rights are, as many minors do not know.

While it is encouraging to see that public sentiment is turning towards offering more justice to the wrongfully convicted, we prefer to try to keep the innocent from being convicted in the first place.

If you or a loved one have been arrested, you don’t have any time to lose. You need legal counsel and you need it right now. The police and prosecutors have far too much power to turn the tide against you. A public defender doesn’t have time to truly dig into your case.

We do.

Contact us for a case review today.

See also:

Can NYPD Enter Your Home Without a Warrant? 

Can The Police Force You to Unlock Your Phone in NYC? 

What is a No-Contest Plea Deal in New York?