Post Conviction Relief

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Even though the laws and legal systems of the United States are among the best in the world, they sometimes can and do fail, resulting in wrongful verdicts.  As a consequence, innocent people get convicted and sentenced to prison for crimes they did not commit.

Post conviction relief offers the wrongfully-convicted individual an opportunity to contest and possible reverse, his or her conviction.  A conviction has damaging effects on an individual.  Not only can undeserved, long prison terms result, but large fees can be imposed and reputations can be ruined, hurting the ability to find gainful employment after serving out a prison term.  Sadly, a conviction can also have a devastating effect on the individual’s entire family.

A conviction for a crime can severely impair, and even ruin, a person’s life. Post conviction relief offers people who think they have been wrongfully convicted of a crime, an opportunity to challenge that conviction and seek reversal.

Post Conviction Relief is a way for a convicted person to appeal a wrongful conviction.

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When post conviction relief is sought, the petitioner gains the opportunity to:

ü  Re-open the case.

ü  Challenge a verdict that would otherwise be final.

ü  Change the outcome of the case.

ü  Clear the conviction from his/her record.

Post-Conviction Relief Laws

Post-conviction relief laws may be different depending on the state where the relief is sought. Therefore, it is important to hire an attorney that is knowledgeable and experienced in the area of post-conviction relief. Most states require an in-depth application process that must be completed by the entity representing the petitioner.  In most cases, the attorney represents the petitioner who will submit the post-conviction application to the state court on behalf of the petitioner. It will be up to the state court to determine whether or not the applicant’s request should be granted.

Whether to Appeal or Not…

Anyone who has been convicted has the right to appeal the conviction and there are many reasons why an individual can request appellate relief.

Who qualifies to file an Appeal?

Anyone convicted who is of the opinion that:

ü  The conviction violates the laws of the state where the conviction occurred.

ü  The conviction is a violation of the Constitution or the laws of the United States.

ü  Has received a sentence that exceeds the maximum penalty permitted by the law for the specific crime which the person was convicted.

ü  The sentencing occurred in a court without jurisdiction.

ü  There exists new evidence of material facts that, in the interest of justice, may require the reversal or removal of the conviction.

Benefits to the Appellant:

If, after hearing the merits of the case, the state court rules in favor of the applicant, the conviction may be reversed.  If the appellant is serving time in jail, then he will be released and any fines or costs paid will be refunded.

But of course, the ultimate benefit will be the person´s ability to gain employment as well as the restoration of all constitutional rights which might have been lost due to the conviction.

The appeals process is one that must be undertaken by an attorney who has the experience, knowledge and understanding necessary to achieve the results you want.  Call us. We are here to help.

 

Remember, the information provided herein is not intended as legal advice; instead we seek to provide you with a general idea of what can happen during the legal process.

Always seek competent legal advice. The Post Conviction Relief process requires careful evaluation and keen attention to detail in order to succeed.  Our  Appellate Division Chief, Attorney Nisha Sandhu is an experienced appellate lawyer who can guide you through the process.  Attorney Martin E. Regan, Jr. has over 38 of experience under his belt and many successful appeals to his credit, together they offer our clients expertise as well as the benefit of wisdom gained over years of law practice.

Call us; we are here to help you.

Knowledge, experience and skill matters.  At The Law Firm of Regan & Sandhu, P.L.C., our primary interest is to provide you, our client, with excellent representation.