In instances where you feel you have been wrongfully convicted of a crime, you can ask for post-conviction relief. These examine all factual and legal claims related to your case and take precedence over other court-related processes.
Here is what you need to know about post-conviction relief.
What is it?
Post-conviction relief is a process you can undertake after receiving a guilty sentence to help eliminate your penalty. While it is a separate case from your original trial, you will see a lot of similarities.
Who do you involve?
You will be the party seeking relief. Accordingly, the entity who initially brought charges against you will be the respondent.
Who judges it?
A trial court with general criminal jurisdiction will handle your case. That means it is sometimes controlled by the same courts that can extend a writ of habeas corpus.
Why would you receive it?
You can receive relief for several reasons, including:
- A judge convicted you under violation of the constitution
- Your convicting statute violates the constitution
- The court did not have jurisdiction over the case
- The sentence imposed was excessive
- Evidence exists which did not come up in your case
Any of these can result in complete post-conviction relief.
Can it suspend your appeal?
If you undertake this process, the court can extend your deadline to file an appeal. In some situations, you can file for these at the same time. However, you can also wait and file an appeal afterward.
Knowing these facts is essential if you are facing criminal charges. After all, they can help you navigate this process should you need it.