If you have been convicted of a crime and sentenced to prison, you may be wondering what your legal options are. The typical option is to appeal, but when appealing a case is no longer an option, another avenue by which a convicted individual can try to overturn their conviction is to apply for post-conviction relief. Post-conviction relief involves petitioning the judge who heard your case to overturn your conviction or reduce your sentence due to new information regarding your original case.
A person only has two years from the date of the conviction to apply for post-conviction relief, and courts grant post-conviction relief under very limited circumstances. Having an experienced criminal defense attorney is crucial to navigating the legal system after receiving a conviction. The skilled attorneys with John D. & Eric G. Johnson Law Firm are familiar with the requirements for post-conviction relief, and we would be happy to discuss your eligibility today.
What Is Post-Conviction Relief?
Post-conviction relief provides a way for convicted individuals to try to have their convictions overturned or their sentences reduced. In some instances, post-conviction relief may even involve having a new trial ordered. A person can only pursue post-conviction relief when they have already tried to appeal their case or the time to appeal has passed.
Rather than advancing through the court system to the appellate level, post-conviction relief requires the defendant to petition the judge who heard the original case because there is new information regarding the case that would have affected the outcome.
There are several instances in which a person might wish to pursue post-conviction relief. For example, new evidence regarding the case may have been discovered. Additionally, laws at the state or federal level could have changed. By filing an application for post-conviction relief, the defendant can raise any of the previously mentioned issues to the judge in an attempt to have the conviction overturned or the sentence reduced.
When Do Courts Grant Post-Conviction Relief?
Navigating post-conviction relief can become complicated, and courts could deny your application for numerous reasons. You will need a skilled attorney who can help you file for post-conviction relief, making sure your application contains the correct information. A court may grant your application for post-conviction relief if one of the following circumstances applies to you:
- Your sentence was illegal or improper because it exceeded the legal limit.
- New evidence is now available that was not available at the time of your trial.
- There are new DNA results that show you are innocent.
- Perjury or witness tampering occurred in the trial.
- The court did not have proper jurisdiction to impose your sentence.
- Applicable laws have changed, and the change affects your case’s outcome.
- Evidence or testimony was included in your trial, but it should have been excluded.
- Your legal representation was inadequate.
If you want to explore your legal options after receiving a conviction and a sentence, you will need an experienced legal advocate who understands the complexities surrounding post-conviction relief. Even if one of the above circumstances applies to you, the court may deny your application for post-conviction relief.
A skilled criminal defense attorney can help you determine if you are eligible for post-conviction relief and assist you with your request. When applying for post-conviction relief, you must follow all of the correct procedures in order for your claim to be considered.
Contact the Skilled Attorneys With John D. & Eric G. Johnson Law Firm Today
Receiving a conviction and a sentence does not have to be the end of the road for you. A convicted person might be eligible for post-conviction relief if their appeal is denied or the time to appeal has passed. Post-conviction relief is only available under specific circumstances, and a court will likely deny a defendant’s request for such relief if the application process was not carried out properly. Our team of skilled lawyers is familiar with the procedures that must be followed when seeking post-conviction relief.
Let the criminal defense attorneys at John D. & Eric G. Johnson Law Firm represent you today as you seek post-conviction relief. You can call (318) 377-1555 or fill out our contact form to speak with a member of our team today.
