Attorney Smith also represents in lawsuits against the state wrongfully convicted defendants who were imprisoned and who wish to seek recourse under the Massachusetts law affording justice and compensation to such individuals. The Massachusetts Legislature fairly recently enacted the Massachusetts Erroneous Convictions Law, Chapter 258D, to provide monetary compensation and other relief to eligible persons wrongly convicted and incarcerated for felony offenses. However, every action brought pursuant to this law that is not commenced within 2 years of either a pardon from the Governor or the grant of judicial relief (in other words, a trial or appellate court order reversing the conviction) is forever barred from consideration by the courts of Massachusetts. Therefore, if you wish to seek recourse under this law it is absolutely critical that you have legal representation as soon as possible after your conviction has been reversed.
In addition to ordering cash compensation to the wrongfully convicted person, the court may include, as part of its judgment against the state, an order requiring the state to provide that person with services that are reasonable and necessary to address any deficiencies in the individual’s physical and emotional condition that are shown to be directly related to the individual’s erroneous felony conviction and resulting incarceration.

Examples of wrongful convictions include, but by no means are limited to:

• A number of defendants in Massachusetts have been charged and convicted for various violations of G.L. c. 94C based on a substance called benzylpiperazine (BZP).  However, BZP is not, and never has been, a controlled substance under Massachusetts law, and thus these convictions are invalid and unlawful.  If you have been convicted of possessing, possession with intent to distribute, distribution, or any other offense related to this substance, and have served time in jail or prison as a result, please contact us.
• Jamaica Plain Drug Lab/ Annie Dookhan chemist

In Massachusetts, a person who was wrongfully convicted and later exonerated can seek compensation under the Massachusetts Erroneous Convictions Law (M.G.L. c. 258D). Below is a basic outline of the legal procedure for pursuing compensation:

1. Eligibility Criteria
To be eligible for compensation, the claimant must establish, among othger things, that:
• They were convicted of a felony in a Massachusetts court.
• The conviction was reversed or vacated, and charges were dismissed, or they were acquitted in a retrial.
• The reversal was based on grounds consistent with innocence, not just procedural errors.

2. Filing a Claim
• The claimant must file a lawsuit in the Superior Court where the conviction occurred.
• The claim must be filed within two years from the date of exoneration/vacating/overturning of the conviction.
• The Massachusetts Attorney Genera’s officel represents the state in these cases.

3. Burden of Proof
• The claimant must prove by a preponderance of the evidence that they did not commit the crime.
• Evidence may include DNA results, witness recantations, prosecutorial misconduct, or newly discovered evidence.

4. Compensation Amount
• Eligible claimants may receive up to $1 million in damages.
• Compensation may cover lost wages, physical and emotional suffering, and other damages.

5. Additional Relief
• Exonerees may also receive access to services such as job training, education, and healthcare support.

6. Court Decision and Payment
• If the court rules in favor of the claimant, or if the case is settled before then, the Commonwealth will issue the compensation.
• If denied after trial, the claimant may appeal the decision.

Call (774) 317-9287

WRONGFULLY CONVICTED?  CONTACT US TODAY FOR YOUR FREE INITIAL CASE EVALUATION!  (Please be sure to also include phone number):

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