NJ. WRONGFUL CONVICTION ATTORNEY
The Law Office of Charles Dawkins Jr., LLC. (908) 962-9929 represents criminal defendants in the entire state of New Jersey who have been wrongfully convicted of crimes and exonerated of criminal charges. Every person who has been incarcerated is not guilty even though they have been found guilty by a jury of their peers. This statement is not a supposition it is a fact proven by multiple cases of criminal defendants being exonerated---unfortunately some after a lifetime in prison.
New Jersey recognizes the value of life and the injustice of incarceration for crimes not committed. Consequently, New Jersey has enacted the NJ. Erroneous Conviction Act. New Jersey's erroneous convictions act was enacted in 1997 and was amended in 2013. N.J. Stat. Ann . .§ 52:4C-1 through § 52:4C-6. ·As codified.
and. as amended in 2013.
WHAT IS NJ ERRONEOUS CONVICTION ACT?
The Erroneous Conviction Act seeks to redress those innocent persons who can demonstrate by clear and convincing evidence that they were mistakenly convicted and imprisoned, and consequently should 'be able to recover damages against New Jersey State.
The act recognizes the substantial burden of proof that must be carried by persons seeking relief under the act., The Courts are supposed to give due consideration to the difficulty of proof caused by the passage of time, death or unavailability of witnesses, the destruction of evidence, or other factors not caused by the person or other persons who are acting on the person's behalf. N.J.S.A. 52:4C-1
. · The person should seek legal counsel to discuss a specific case, and this article is general and is not legal advice as mentioned in the disclaimer.
WHO MAY BRING WRONGFUL CONVICTION SUIT UNDER THE ACT?
Any person convicted and later imprisoned for one or more crimes which. the person did not· commit may bring a suit under the NJ. Erroneous Conviction Act. The person may bring suit under the Act for damages in Superior Court against the Department of the Treasury. N.J.S.A. 52: 4C-2
WHAT IS THE STANDARD AND BURDEN OF PROOF TO PREVAIL IN A WRONGFUL CONVICTION SUIT?
The person must establish by clear and convincing evidence the following points (1) He was convicted of a crime and consequently served all or part of the sentence (2) he did not commit the crime for what he was convicted (3) he did not suborn perjury, fabricate evidence, or by his own conduct bring about his conviction; a confession or admission later found to be false will not be considered as suborning perjury, fabricating evidence, or by his own conduct bring about his conviction; (4) the claimant did not plead guilty to the crime for which he is convicted. N.J.S.A. 52:4C-3
The claimant should seek legal counsel to discuss the issue of Damages and what compensation that the claimant may be entitled to obtain under the Act. N.J.S.A. 52:-4C-5; and the issue of whether the claimant is within the limitation period to file the Wrongful Conviction under the Erroneous Conviction Act. N.J.S.A. 52-4C-4.
CONTACT THE LAW OFFICE OF CHARLES DAWKINS JR LLC FOR REPRESENTATION FOR WRONGFUL CONVICTION UNDER THE ACT.
Call the Law Office of Charles Dawkins Jr. if you have been wrongfully sentenced and served time for a crime that you did not commit. The Attorney will use his best efforts in representing you in this matter. (908) 962-9929