Prosecutorial Misconduct
If you believe that you are subject to a wrongful conviction because of unfair or inappropriate actions by a prosecutor in your case, you may be able to base an appeal or motion for post-conviction relief on the grounds of prosecutorial misconduct.
Mark M. Baker, Esq., is a New York City prosecutorial misconduct attorney with 40 years of appellate experience who has represented high-profile defendants as well as ordinary individuals. He will provide you with sound legal advocacy for appeals and motions for post-conviction relief based on prosecutorial misconduct and other grounds.
REPRESENTATION FOR COMPLEX APPELLATE CLAIMS
Prosecutors are required by law to disclose to you and your defense counsel any evidence that tends to exonerate or exculpate you from criminal charges which could help demonstrate your actual innocence or that could reduce your sentence. Called “Brady material,” this requirement means that prosecutors must disclose evidence known only to police, agreements relating to witness testimony and any other information that tends to show you may not be guilty. Failures to disclose this and other misconduct by the prosecutor may be the basis for appeal or other post-conviction/post-judgment relief.
Like all appellate or post-conviction/post-judgment litigation, appeals or collateral challenges based on prosecutorial misconduct involve complex rules and procedures. Frequently, prosecutorial misconduct is not apparent during trial proceedings; knowledge of misconduct may surface only after a trial has ended. Depending on the circumstances, your appellate attorney may first need to make a record to the trial judge or court in a post-conviction/post-judgment motion, in New York, pursuant to CPL 330.30 or 440.10, alleging that information was withheld, thereby raising a collateral challenge to your conviction.
NEW YORK WRONGFUL PROSECUTION ATTORNEY
If you have the financial means to retain private counsel, you will benefit from the support, advocacy and knowledge of an experienced criminal appeals or post-conviction/post-judgment motion lawyer or attorney. Mr. Baker focuses his career on helping people through the daunting process of criminal appeals and collateral post-verdict, post-conviction or post-judgment motion litigation. After reviewing your case, prosecutorial misconduct may be one of several grounds for appeal raised by Mr. Baker.
If you believe prosecutorial misconduct occurred in your criminal case, contact Mr. Baker to determine whether an appeal or post-conviction relief may be appropriate for you.
INEFFECTIVE ASSISTANCE OF COUNSEL
If you believe that your attorney in the trial court rendered ineffective representation, either by acted wrongly or negligently and where, through erroneous advice, failure to properly advise, misrepresentations, or other non-strategic-based decisions, you were deprived of your federal and New York constitutional rights to effective assistance of counsel, contact Mr. Baker who will undertake a complete review of all proceedings in the trial or plea court. Among the grounds in recent years for such challenges or erroneous advice or the failure to advice on the deportation or removal consequences of entering a plea of guilty to a particular offense.