A criminal conviction can be devastating and life-altering. Your final sentence must comply with applicable laws and regulations, but when your sentence feels unjust, you have the option to file for relief.
What is post-conviction relief?
Post-conviction relief is the legal process for challenging a criminal conviction or sentence. This can involve the existence of new evidence, the violation of the defendant’s constitutional rights or any errors in the original trial process. Post-conviction relief is often available to any defendant in a criminal case who has drained all their appeals and still wishes to contest their conviction.
What circumstances make me eligible to file for post-conviction relief?
Here are some of the main avenues for post-conviction relief:
- Ineffective assistance of counsel: You may be eligible for relief if your attorney made severe errors that watered your case down. This could include failing to investigate leads, missing critical deadlines or providing unsound legal advice.
- Newly discovered evidence: If you uncover crucial evidence that could have changed the outcome of your trial, you can petition for a new hearing. This evidence must be credible, not have been available at trial through reasonable diligence and be strong enough to produce a different verdict.
- Prosecutorial misconduct: Did the prosecutor break the rules? If the prosecution suppressed evidence, presented false testimony or engaged in other misconduct that undermined your fair trial rights, you may have grounds for relief.
- Illegal sentence: The constitution protects people from unusual and cruel punishments. However, sentencing errors can occur. You can seek a correction if your sentence is illegal or exceeds the legal maximum.
It’s important to note that there are strict deadlines for filing post-conviction petitions. The timeframe varies, depending on the severity of the case.
Meeting the criteria for relief doesn’t guarantee success. However, a well-crafted petition with strong evidence increases your chances of a favorable outcome. A well-crafted petition can lead to a sentence reduction, overturned conviction or even release from prison.
If you believe you were wrongly convicted or your rights were violated, post-conviction relief could be an important lifeline for you.