Legal Question in Criminal Law in New York

What is a 440 Motion? And how and what forms do you use to file it.


Asked on 2/08/10, 9:07 am

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

It appears that you are seeking information on a motion to vacate a criminal conviction. There is no form for the "do it your self lawyer." Such a filing is a complicated matter that should be handled by an attorney.

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Answered on 2/15/10, 6:00 am
Steven Czik CZIK LAW PLLC

A 440 Motion generally seeks to vacate a criminal conviction. It can be quite complicated and would generally require substantial knowledge of the law involved and it should also cite previous cases that would support your argument. As such, it would be highly recommended to retain an experienced lawyer to prepare and file the motion which may also require oral arguments before a judge. We have substantial experience handling these types of matters, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 2/19/10, 7:31 am


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