Wrongful Conviction Attorneys in New Mexico

Pursuing Wrongful Conviction Cases in New Mexico

The criminal justice system is supposed to ensure that those who are guilty of crimes are convicted and penalized, while those who are innocent are set free. However, the truth is that many innocent people are currently in jail. Failures within the criminal justice system can lead to larger civil rights violations, and when wrongful convictions happen, it is critical for those affected to understand their rights.

Civil claims in wrongful conviction cases generally arise after a conviction is overturned or vacated and focus on the constitutional violations that led to the conviction. Working with an experienced attorney during this process can help you hold the responsible individuals and systems accountable and seek compensation for your damages. Call (505) 588-5716 to speak to a member of the Kennedy Law Firm team to learn more.

What Is a Wrongful Conviction?

A wrongful conviction is when someone is convicted of a crime that they did not actually commit. However, legally, there generally needs to be some violation of the client’s rights during the investigation, arrest, or court process that led to the conviction.

It is important to remember that the burden of proof for criminal cases is “beyond a reasonable doubt.” Note that this does not say beyond all doubt. Criminal cases also involve lengthy pretrial hearings and motions about what evidence the jury will be allowed to consider.

Sometimes, a person is later determined innocent due to new evidence that was not previously available. This may lead to that person’s conviction being overturned, but it may not qualify for a wrongful conviction lawsuit. These factors can make wrongful conviction cases more complicated. An attorney can review your case to help you determine if you have a claim and how to move forward.

What Are Some Scenarios That Could Lead to a Wrongful Conviction?

Wrongful convictions may result from the actions of a single person or from multiple systemic failures. We often see common issues across these types of cases.

Prosecutorial Misconduct

Prosecutors have specific rules and procedures they must follow when trying cases. This includes the discovery process before the trial as well as what happens during the trial itself.

One of the main examples of prosecutorial misconduct that could lead to a wrongful conviction is the failure to disclose evidence that could prove the defendant’s innocence. This is commonly referred to as a Brady violation. Prosecutors are required to provide evidence that could exonerate the defendant or result in a reduced sentence.

They must also disclose evidence that discredits witnesses. For example, if the prosecution was aware that a witness had been bribed but did not alert the courts and the defense, this could be a Brady violation.

Police Misconduct

Police officers are generally the first people to interact with the defendant, whether that is talking to the defendant as a person of interest or executing the actual arrest. Officers often have extensive contact with the defendant after the arrest during the interview process and have access to evidence.

Examples of police misconduct that could contribute to a wrongful conviction include planting or falsifying evidence, coercing witnesses, or engaging in prolonged or coercive interrogation tactics that could elicit a false confession.

Incorrect Forensic Evidence

Many civil claims involving wrongful conviction cases involve violations of due process. Due process means that fair legal procedures must be followed and are guaranteed by the Constitution. Issues with forensic evidence, such as providing results without actually conducting the tests, tampering with evidence, or not following the standard protocol for a test, may be critical components of a wrongful conviction case.

What Are the Potential Reasons to Consider a Wrongful Conviction Case?

Because civil wrongful conviction claims generally arise after a conviction has been overturned or vacated, some people wonder whether it is worth pursuing a legal claim when they just want to move on with their lives. However, a wrongful conviction claim can make it easier to do just that, providing a way to seek financial compensation for the time you spent incarcerated and accountability for what happened to you.

Financial compensation for wrongful conviction cases can include the money spent on attorney’s fees and the wages you lost out on while you were incarcerated. You may also be awarded damages for nonfinancial losses, such as emotional distress and loss of reputation.

Some clients also find that holding the government accountable through a civil lawsuit also helps them get the closure they need to move forward into this new chapter of life. You can receive a formal acknowledgement that your rights were violated and even effect change in investigation and prosecution practices to prevent the same injustices from happening to others in the future.

If you are not sure whether you want to move forward with a wrongful conviction claim, our firm can review your case and help you decide if pursuing a claim is worth it.

What Is the Process for Suing for Wrongful Conviction?

The process of filing a civil suit for wrongful conviction starts with talking to a civil rights attorney. They will review your case, confirm whether the conviction has been invalidated, and explain your potential paths forward.

If you choose to pursue a claim, the next step is to start investigating what happened and gather evidence. This process can take quite a bit of time, as it usually involves reviewing all of the trial transcripts as well as the evidence and testimony related to the case. This can help identify missing or withheld evidence, inconsistencies in testimony, or procedural errors that can help prove your civil claim.

Once the lawsuit has been filed, a new discovery process begins. The prosecution and the defense for the civil claim exchange information. From there, there are two potential paths forward: a settlement or a trial. Wrongful conviction cases are frequently settled out of court, which can result in a speedier resolution.

If you were wrongfully incarcerated and your conviction has now been invalidated, you could have grounds for a civil lawsuit if misconduct or other procedural issues contributed to your conviction. Kennedy Law Firm is home to a team of civil rights law attorneys who are dedicated to protecting your rights and advocating for you. Call (505) 588-5716 to schedule a consultation.