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
Call (774) 317-9287
WRONGFULLY CONVICTED? CONTACT US TODAY! (Please be sure to also include phone number):
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HOLDEN MA WORCESTER MA ATTORNEY LAWYER CRIMINAL DEFENSE DRUNK DRIVING OUI DWI DUI DRUG OFFENSE PERSONAL INJURY CAR ACCIDENT EMPLOYMENT LAW EDUCATION LAW APPEALS WRONGFUL CONVICTION