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Idaho law recognizes that it is possible for a judge or jury to make a poor decision, ignore critical laws, or mistakenly deny a defendant their constitutional rights. When this occurs, an incorrect conviction could be made or the person could be subjected to punishments that are harsher than they deserve.
If you or your loved one feels that their sentencing is unfair according to Idaho laws, you may be eligible for post-conviction relief. This process allows the court to review the previous trial proceedings to determine whether the judge violated the law at any time, resulting in a different sentence. You may also wish to request post-conviction relief if you have discovered new evidence that could affect your sentencing.
When you need post-conviction relief, you should hire lawyers who understand the law and who will fight aggressively for you to have your case reviewed. You deserve every protection under the Constitution, including the right to a fair trial. Reach out to our team of legal professionals today to learn more about how we can help you seek post-conviction relief by calling 208-584-2590.
What Happens During the Post-Conviction Relief Process?
The post-conviction relief process varies depending on your location. For example, in Idaho, the person has two options for seeking relief: taking action for post-conviction relief and filing a direct appeal with the Idaho Supreme Court.
Eligibility
Before applying for post-conviction relief, you should consult with an attorney to determine whether or not you are eligible for post-conviction relief. Some individuals may not be eligible because of the serious nature their crimes or repeat offenses.
Some qualifications of eligibility for post-conviction relief include:
- The court made errors or mistakes in your original trial
- You have demonstrated good behavior and are ready to move on with your life
- You have uncovered new evidence that would not have been available earlier during the court trial
Post-Conviction Relief
The first method of seeking a fair sentence following a conviction is to file for post-conviction relief in the Idaho courts. Except for certain circumstances, you have the right to request a review of your court trial to find out whether critical errors were made that would have affected your sentencing. Please speak with a post-conviction relief attorney before taking legal action. Your lawyer can help you understand your options and choose how to proceed.
Filing for Direct Appeal
If the post-conviction relief fails, you may be able to file a direct appeal. In Idaho, this occurs with the Idaho Supreme Court. The Supreme Court will review any items brought up in your previous appeal or they may assign your case to the Court of Appeals where you will get a final ruling.
How Can Providing New Evidence Influence the Appeal Proceedings?
Providing new evidence can have a dramatic impact on your sentencing. If you or your lawyer have discovered new important evidence, you should include it in your appeal. The court will review the information and decide whether it is likely to result in a different outcome. If the court thinks the evidence is significant, it may order a retrial where you can present the new evidence before a judge.
Alternatively, the court may rule that the new evidence is not significant and will not grant you a retrial. For help gathering evidence or deciding whether seeking post-conviction relief is right for you, contact our talented legal team right away.
Should You Hire Our Post-Conviction Relief Attorneys?
If you have been convicted of a crime, you might feel that your trial was unfair or that the judge made mistakes in your sentencing. You may even have new evidence that you feel could affect their decision.
When you or a loved one needs post-conviction relief, you should hire a skilled criminal defense attorney immediately. Your lawyer can help you navigate the complex legal system, including filing for relief or for an appeal with the state Supreme Court.
Don’t go it alone with so much at stake. Reach out to our compassionate team of post-conviction relief lawyers right away for legal professionals who will treat you as a valued individual regardless of your conviction. We will explain complicated legal processes in terms you can understand so you can be a full participant in every decision. Contact us today to schedule a free initial consultation at 208-584-2590.
