Even with the vast amount of constitutional protections Americans enjoy, there is still a possibility that an incorrect sentence could be passed on to an individual. In other cases, false testimonies or violations of the individual’s rights could make a sentence harsher than allowed by law. If you are facing these circumstances or are in any situation where you are a victim of judicial mistakes, you can get help through post-conviction relief.
During post-conviction relief, your lawyer helps you identify ways your trial did not proceed according to the law and provides evidence to show the error should be rectified. You may get your conviction reversed or a lower sentencing if you can prove that mistakes were made in your previous trial. If post-conviction relief fails, you may also work with your attorney to seek a direct appeal.
Knowing whether to seek post-conviction relief can be difficult, so you should contact a trusted legal representative who can give you more information on your unique situation. Call our law offices now at 208-584-2590 to schedule a free consultation.
What Is Post-Conviction Relief?
Post-conviction relief is the legal procedure used to remedy mistakes made during the initial trial. The process can be complicated, so it is recommended that you hire an attorney before seeking post-conviction relief. Your lawyer can help gather evidence of reasons your trial did not proceed according to the law. This may include false testimony that resulted in the wrong conviction or harsher sentencing than the law allows.
If post-conviction relief is successful, the court may revisit the details of your case to determine whether your rights were violated. You could get a different sentencing, including having your conviction dropped. To learn more about whether you could be eligible for post-conviction relief, reach out to a trusted legal professional right away.
What Situations Would Qualify for Post-Conviction Relief?
The laws regarding eligibility for post-conviction relief vary depending on where you live. For example, Idaho laws allow for post-conviction relief in the following cases:
- Incorrect conviction
- The court did not have appropriate jurisdiction
- Sentencing is more than the allowable sentence under the law
- New evidence
- Probation or conditional release unlawfully revoked
- Individual unlawfully held in custody
- Defendant is innocent
- Other legal errors occurred during the trial
If any of the above is true or if you feel you have had your rights violated during your criminal trial for any reason, please seek out legal assistance immediately.
How Can I Know Whether to Seek Post-Conviction Relief in My Case?
With the complexity of the criminal justice system, the best way to know whether seeking post-conviction relief is right for you is to hire an experienced criminal defense attorney who understands the laws in your local area. Your attorney can help by investigating your case and identifying ways the justice system failed you.
It can be intimidating to confront a judge who committed an error during your trial. It would be best if you did so with excellent legal representation to ensure you get treated fairly and that you have the proper evidence to back up your claim. At our law firm, we believe every individual should have their rights protected, and we proudly defend those who received an unfair sentence.
Should You Hire Our Post-Conviction Relief Attorneys?
Having the right attorney on your side can make all the difference when you are dealing with complicated matters such as post-conviction relief. Our lawyers will stand by your side and fight for your rights as you petition for a fair sentence. We will work tirelessly to gather evidence that proves the errors made during your trial violated your rights and resulted in an incorrect ruling.
When you hire our law firm, you can rest assured that you have attorneys with years of experience in your corner. We promise to leverage our talent, skill, and knowledge to get you the best outcome possible as you seek post-conviction relief. Our record of success speaks for itself, and you get the added benefit of a free consultation to learn more about your options at no risk. Call our caring, capable legal team today to schedule your free initial case review.