Making Things Right With Post-Conviction Relief After A Miscarriage Of Justice
“No. This can’t be happening.”
Unfortunately, it is.
Innocent people are not supposed to be convicted of crimes. The bedrock of our criminal justice system is the principle that you are innocent until proven guilty beyond all reasonable doubt. Despite the safeguards that exist in jury selection and evidentiary procedure, it is still possible for people to be convicted of crimes that they did not commit.
At RaquinMercer LLC, we want you to know that it is okay to be shocked, angry or even furious at the wrongdoing you or a loved one has suffered as a result of our justice system. After all, the system has failed you. You cannot do anything about what has already happened, but you can turn to our firm for help in making things right through post-conviction relief.
Statutory Post-Conviction Relief
The most important thing to know about this method of post-conviction relief is that the Sixth Amendment of the U.S. Constitution requires every defendant to have effective assistance of counsel in criminal cases. Grounds for pursuing post-conviction relief include a defense attorney:
- Failing to file a notice of appeal, or a timely motion for reconsideration of sentence
- Jointly representing co-defendants or a defendant and a witness
- Failing to investigate critical evidence, such as forensic science
- Not investigating an alibi witness
The bottom line is that you should not bear the burden for your attorney’s ineffective counsel in the form of a criminal sentence. At RaquinMercer LLC, we have the skills and resources necessary to effectively pursue post-conviction relief and all available forms of habeas corpus. Steve Mercer is a skilled appellate and post-conviction lawyer who is nationally known for his knowledge of DNA and forensics. He partners with Isabelle Raquin, a dynamic trial attorney who knows how to conduct a successful trial defense – and uses that knowledge to find evidence of ineffective counsel.
Additional Types Of Post-Conviction Relief
Post-conviction relief can be pursued due to claims that a conviction was obtained or a sentence was imposed in violation of the U.S. Constitution or applicable state laws. An unlawful conviction or sentencing could stem from jurisdictional issues, the punishment of a protected behavior, and the failure to follow sentencing guidelines among other reasons. Habeas corpus is the most well-known course for post-conviction relief but, based on your unique circumstances, other post-conviction options may be available such as:
- Petition for post-conviction DNA testing
- Writ of innocence
- Motions to overturn a judgment or reduce a sentence
- Motions for newly discovered evidence
- Review by a federal court of a state court judgment
- Commutation, pardon or clemency