A person has a variety of legal options available, starting as soon as he or she is convicted of a criminal offense and sentenced. A person can appeal within 30 days of sentencing. The Notice of Appeal must also be filed. The person can file for post-conviction relief if the appeal is denied or the deadline has expired.

The legal process after a trial ends in the defendant being found guilty. A defendant can challenge the conviction by obtaining post conviction relief Ineffective counsel, jury bias, DNA exclusion of a criminal from the act or anything else that contributed to the unfair conviction and/or unfair trial are all examples of cases where this matter cannot be adequately addressed on appeal.

Post conviction relief can be a complex process and you should consult a post conviction lawyer. It is rare to receive post conviction relief. This must be done according to strict rules and caselaw requirements.

After reviewing the matter, your Indiana post-conviction relief attorney will determine if there is a basis for . If so, he/she will argue in a motion that you have been wrongfully convicted. There may be a variety of steps that occur following this, and even before a hearing.

You could be harmed at any stage of the criminal process, including the investigation, arrest, pretrial, plea hearings, trial, and sentencing. It is essential that your criminal defence attorney defend you against any violation of your rights at trial court level. Successive post conviction relief requests could be denied and statistically less likely to succeed.

An issue can only be referred to the appellate court if it was raised first in the trial court ( Showalter, Thorntown 2009). A major caveat applies to post-conviction relief. The court will not grant the claim unless the underlying reason for the filing was made at trial or in an earlier proceeding such as a pretrial motion.

Your defense attorney must have objected timely to the introduction or any other evidence, either verbally, on the record, or through a motion. There are a few exceptions to the rules, like ineffective assistance to trial counsel. Your post conviction relief lawyer will review these exceptions to determine whether they apply to your case.

Post conviction relief filings can be complicated and require the expertise of an attorney.

Recommended Posts