Post-Conviction Motions

A case does not always end once a conviction has been handed down or a plea bargain is accepted. Sometimes, mistakes are made that can and should be raised through the use of a post-conviction motion. These issues need to be carefully outlined and presented, which is why having a criminal defense lawyer on your side with extensive knowledge of the appeals process is crucial.

At Robert D. DiDio & Associates, we bring more than 30 years of experience in the field of criminal law and procedure to every case we handle, including handling the technical realm of appeals and post-conviction motions for all types of cases.

Robert D. DiDio & Associates has won the reversal of two murder convictions in People v. Grigoroff, 131 A.D.3d 541 (2d Dep't 2015) and People v. McDonald, 138 A.D.3d 1027 (2d Dep't 2016), the reversal of a harassment conviction in People v. Scott, 46 Misc.3d 143(A) (2d Dep't 2015), the reversal of a weapons possession conviction and dismissal of the indictment in People v. Anokye, 88 A.D.3d 736 (2d Dep't 2011), and after a securing a client's release on bail pending appeal, the law firm successfully argued to the appellate court that a trial court's decision to sentence the client to prison upon his conviction was harsh and excessive, thereby preventing the client from being separated from his wife and child. See People v. Ocasio, 132 A.D.3d 418 (October 13, 2015), People v. Bacenet, 297 AD2d 817 (2d Dep't 2002), wherein after the client was convicted of robbery, he was sentenced to 7 years in jail, however the law firm obtained the reversal of the conviction, the release of the client on bail and ultimately The Firm obtained a full acquittal after a second trial, People v. Davian Furrs, 149 AD3d 1098, (2nd Dep't 2017), after the client was convicted of criminal possession of a weapon in the second degree, the law firm obtained a reversal of the conviction on appeal and a dismissal of the indictment, the client was immediately released from prison and his record was sealed/expunged. The law firm's skills regarding the appellate practice have also been recognized in decisions such as People v. Tracey Coleman, 102 A.D.3d 807 (2d Dep't 2013); People v. Richard Rios, 898 N.Y.S.2d 797 (Sup. Ct. Kings Co. 2010); People v. Milton, 938 N.Y.S.2d 635 (2d Dep't 2012), People v. Ongteco, 889 N.Y.S.2d 507 (Crim. Ct. Kings Co. 2009), People v. Abdullah, 870 N.Y.S.2d 886 (Crim. Ct. Kings Co. 2008), and Maxis v. Phillips, No. 10-CV-1016 (E.D.N.Y. 2011) as well as a 2016 New York Court of Appeals Speedy Trial issue in the case of People v. James Brown, 28 N.Y.3d 392 (New York Court of Appeals, 2016) .

Call our office in Queens for a free case consultation at 917-300-0984.

Experienced With Appeals In State And Federal Courts

Our Queens, New York, post-conviction motions attorneys have comprehensive knowledge of criminal law and procedure. We are skilled and experienced at researching the law, preparing and filing legal briefs, and confidently arguing legal issues before a judge or panel of judges in state or federal court. We also have experience appealing cases to the Supreme Court of the United States.

There are a number of post-conviction remedies available to an individual aggrieved by an unjust conviction, even if the appeal is initially unsuccessful. At our criminal defense law firm, we handle all types of post-conviction matters, including:

  • Motions to set aside a verdict or vacate a conviction
  • Writs of habeas corpus
  • Leave applications to state or federal appellate courts, including the Supreme Court of the United States
  • Requests for a new trial based on the incompetency of trial counsel or prosecutorial misconduct
  • Applications based on the discovery of new evidence or witness recantations

Whether your previous attorney failed to advise you of a conflict of interest, you were denied an interpreter and did not understand the proceedings against you, no one counseled you about the immigration implications, or evidence surfaces of juror misconduct, our lawyers will diligently represent your interests. We can identify these trial errors and successfully work toward attaining the client's desired post-conviction goals that can result in minimizing the consequences and penalties imposed under a conviction.

How Do Motions To Withdraw Pleas Work?

An attorney can write up a motion to withdraw or change a plea. While it can be unusual for a court to grant a motion to withdraw a plea, it does happen. Here are some exceptions that have been made to allow a defendant to change his or her plea:

  • If your constitutional rights were violated in obtaining the initial plea such as with coercion
  • If your state of mind comes into question such as is the case with mental disease or defect
  • If prejudicial conduct occurred during the trial
  • If DNA evidence proves defendant's innocence
  • If the court's jurisdiction over the case comes into question

These are just some possible reasons a plea withdraw may be allowed or considered.

Changing or withdrawing a plea is not a simple matter. Each case needs to be reviewed based on its individual circumstances. The most important thing is to have a good lawyer who knows how to present a motion and what the options are in your case.

Contact Robert D. DiDio & Associates

For a free confidential consultation with Mr. DiDio, an experienced New York post-conviction motions attorney, email us online or call our office at 917-300-0984. Someone is available to answer the phones 24 hours a day, seven days a week.

We are sensitive to our clients' needs for affordable, quality legal counsel. We adjust our fees on a case-by-case basis and offer payment plans when necessary. We also accept credit cards.

¿Se habla español? La oficina de la ley de Robert DiDio tiene el personal de habla hispano para ayudar al cliente con asuntos de defensa criminal y apelaciones.