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What is post-conviction relief?

On Behalf of | Sep 8, 2021 | Uncategorized

After your case has ended and you have received sentencing from the judge, it often feels like the end of the road. But you may actually still have legal avenues left for you to explore, which may result in some relief from your conviction.

“Post-conviction relief” is aptly named for that reason, and learning more about it could potentially offer you a good deal of help when navigating your situation after a conviction.

Do these situations apply?

The American Bar Association looks at this in terms of post-conviction remedies. They define post-conviction relief as the ability for you to bring forth more evidence even after your trial has ended and a judge has decided your conviction. This often applies to cases in which new information comes to light or legal issues crop up in a case with a ruling.

You can file for post-conviction relief if the following situations apply:

  • The prosecutors engaged in illegal acts of misconduct
  • You have evidence of a mistrial
  • The presence of new DNA evidence comes to light
  • New laws come into play

The biggest cause for post-conviction relief

Having insufficient legal representation serves as one of the biggest reasons for filing for post-conviction relief. This can include if the lawyer in question did not build your case properly, if they mishandled it in some way, or if they acted in a way that does not follow the state’s constitution.

After filing for post-conviction relief, you must wait to see if the judge agrees with the reasoning stated for requesting this. If they do, the judge must then plan a new trial. However, going through the filing process is often complex and confusing, and you may benefit from having legal aid as you tackle it.