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Going through the criminal justice process can be extremely stressful. You may be facing various issues during your trial, including misrepresentation of your character, false witnesses, or judges who sentence you to a punishment that is harsher than what you deserve. The good news is there is a process available to help individuals who are victims of injustice in the American judicial system.
Lawmakers have recognized that those carrying out criminal justice sometimes make mistakes. If you believe serious errors occurred during your trial that would have led to a different conviction or sentencing, you should contact a post-conviction relief attorney immediately.
At our law firm, we have years of experience helping clients get relief following a bad conviction. We understand the frustration of dealing with mistakes during a trial and will fight aggressively to get a positive outcome in your case. Call today for a free case review, where we can help you understand your legal options and determine the best way to move forward. You can reach us at 208-584-2590.
How Does Post-Conviction Relief Work?
The post-conviction relief process is set up to help individuals who have been victims of errors during their initial trial. Depending on your location, you may be eligible based on various factors. For example, Idaho law permits individuals to seek post-conviction relief if any of the following have occurred:
- The petitioner is innocent.
- The court lacked the jurisdiction to handle the trial or administer the sentence.
- New evidence has arisen.
- The individual was unlawfully held in custody or prevented from exercising their conditional release.
- The judge sentenced the individual to a punishment that exceeds the maximum legal sentencing for the crime.
If post-conviction relief is granted, the trial could be reviewed by a legal team that would determine whether the additional evidence would result in a different sentencing. In a successful post-conviction petition, you could get a different conviction or lower your sentencing.
What Is a Direct Appeal?
When post-conviction relief is not granted, you still have legal recourse to seek a better outcome. This occurs during a direct appeal to the state Supreme Court. In Idaho, the Supreme Court may hold a retrial or send your case to a court of appeals.
It is essential to understand that only the issues raised during post-conviction relief can be handled during an appeal. You cannot introduce additional evidence or complaints at this point except in rare circumstances. Please speak with an attorney to get more information about proceeding in your unique situation.
How Can a Lawyer Help During the Post-Conviction Process?
Appealing a judge’s order can be intimidating and confusing. Many people aren’t even sure where to start when rectifying errors that occurred during their initial trial. With an experienced post-conviction relief lawyer on your side, you can proceed confidently, knowing your case will be handled by someone who understands the local laws and will be dedicated to your best interests.
Some duties your defense lawyer can assist with include:
- Filing the petition seeking post-conviction relief on your behalf
- Gathering evidence to show why your rights were violated or why you deserve a lower sentencing
- Arguing on your behalf to get a just sentencing
- Challenging the verdict based on errors that occurred during the trial
- Introducing new evidence to help you get a fair sentencing
- Handling the case if it goes on to direct appeal at the Supreme Court level
Should You Hire Our Post-Conviction Relief Attorneys?
If you have received an unfair verdict or a harsher sentencing than you deserve, you might feel angry and overwhelmed. Your court decision will impact your life for years to come, so it is worth fighting if you have received an unfair conviction. You should act quickly to defend your constitutional rights that have been violated.
When you hire our post-conviction relief attorneys, you will have knowledgeable lawyers on your side who will stop at nothing to get you the positive outcome you’re looking for. We promise to exert all our effort to seek relief from your unfair conviction. We understand the stress and worry that comes with a criminal conviction, and we will communicate regularly so you can stay current about what is going on in your appeal. Call now to schedule a free consultation at 208-584-2590.
