Post-conviction relief is a legal term that describes the ability to bring more evidence after a trial has already been decided. This is important when new evidence or legal issues arise in a case that has already received a ruling.
Important Details of Post-Conviction Relief
Post-conviction relief is similar to a post-trial motion. This type of relief is often used after a defendant has appealed the judge’s decision and lost. The state of New Jersey does allow for post-conviction relief.
Post-conviction relief might be filed for the following reasons:
- New DNA evidence
- Evidence of mistrial
- Illegal acts of misconduct from the prosecution
- New laws
Wrongdoing in the initial trial can lead to a post-conviction trial. However, the judge will have to agree with the new reasoning and grant the motion. Then, a new trial will be planned.
One of the most common reasons for post-conviction relief is that your legal representation was not sufficient. Whether your prior lawyer did not take the time to effectively build your case or they did not act in a way that follows New Jerseys’ constitution, you can file for post-conviction relief with a new lawyer.
Post-Conviction Relief Versus Appeal
A post-conviction relief motion is not the same as an appeal. It is also not a replacement for an appeal. For this reason, if your case is currently awaiting an appeal or is already in the process of an appeal decision, you cannot file for post-conviction relief. However, once the ruling is made, then you may be eligible to file.
How to Find Out If You’re Eligible for Post-Conviction Relief
If your prior trial did not go as planned, you can determine if you are eligible for post-conviction relief by discussing the details of your case with a lawyer. Your lawyer will guide you through the process and determine if there is other evidence that can be used to file a motion. They might also consider your previous legal representation and whether or not there were any discrepancies with it. If you have not yet filed an appeal, your criminal defense lawyer can also help with the appeals process. Because one of the most common reasons for a post-conviction relief is lack of legal representation, it is important to choose a lawyer that you trust that can manage your case.
What to Expect After Filing for Post-Conviction Relief
Once you have filed for post-conviction relief, the state’s Conviction Integrity Unit will evaluate the details of the case. They will then determine whether a new trial is needed based on the information and reasoning given.
Our legal team is familiar with New Jerseys’ post-conviction relief and will assist you in filing the necessary paperwork. The consequences that you face with a criminal conviction are life-changing. Don’t risk your future in the wrong hands. Keep in mind, you have a limited amount of time to file, so if you are considering post-conviction relief, it is important to reach out to an experienced criminal defense attorney as soon as possible.
Contact an Experienced Pennsauken Criminal Defense Lawyer About Your Post-Conviction Relief in New Jersey
Were you given an unfair trial in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The Law Office of Jill R. Cohen has successfully represented clients with post-conviction relief motions in Gloucester Township, Voorhees, Lindenwold, Haddon Township, and throughout New Jersey. Call (856) 858-1500 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 210 Haddon Avenue, Westmont, NJ 08108.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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