The criminal justice system may be overwhelming, especially when you want to challenge a conviction or sentence. You have two main options in Washington, DC: direct appeal and post-conviction relief. These processes serve different purposes and follow distinct procedures. You must understand the differences between them if you want to challenge a criminal case outcome.
Direct appeal: What can it do for you?
A direct appeal is your first opportunity to challenge a conviction or sentence. Here’s what you should know:
- You must file a direct appeal within 30 days of your sentencing
- It’s based on the trial record and addresses legal errors
- You can’t introduce new evidence
- The appellate court reviews the case for legal mistakes
During a direct appeal, your attorney will argue that legal errors occurred during your trial or sentencing. These could include improper jury instructions, wrongly admitted evidence or a sentence that doesn’t follow the law.
How does post-conviction relief differ?
Post-conviction relief, also known as collateral review, is a separate process from direct appeal. Key points include:
- It typically comes after your direct appeal options are exhausted
- You can introduce new evidence
- It addresses issues like ineffective assistance of counsel or newly discovered evidence
- There’s a one-year time limit in most cases
Post-conviction relief gives you the chance to raise issues that are not part of the trial record. For example, if your lawyer failed to call a crucial witness, you could argue this in a post-conviction petition.
How can legal guidance help?
Challenging a conviction or sentence involves complex processes with strict deadlines and procedures. An attorney familiar with DC’s criminal justice system can make your options more understandable and determine the best course of action. They can assess the strengths of your case, gather necessary evidence, and present compelling arguments on your behalf. Remember, the outcome of these proceedings can significantly impact your future, so it’s essential to approach them with thorough preparation and understanding.