Helping Clients Fight Unfair Sentences
The judicial system exists to protect the innocent and punish those who violate Idaho’s laws. But what happens when someone is falsely accused of a crime and found guilty by mistake? Idaho’s criminal justice system is made up of imperfect people who sometimes make errors, including juries and judges. If your constitutional rights were violated in a criminal investigation or if your sentence is unfairly harsh, you still have hope.
With a post-conviction relief attorney on your side, you can fight the unjust verdict and sentencing. Your post-conviction relief attorney can help you whether you need to file a post-conviction motion or make a direct appeal to Idaho’s Supreme Court. With knowledgeable post-conviction attorneys on your side, you can rest assured that the truth will be brought forward, and you can avoid the unfair penalties that you are now facing.
Don’t go it alone or hire an inexperienced attorney at such a critical time. Reach out to the team of post-conviction attorneys at Tatum Wysocki Law, P.C. for counsel regarding your legal options. We will review your case in a free consultation to help you determine what step to take next. We have helped many clients with criminal appeals and achieved favorable results in many instances.
You can count on our team of compassionate attorneys to provide excellent defense counsel during proceedings and after your criminal case has gone to trial. We will fight for the outcome you need due to newly discovered evidence, judicial mistakes, and more. Contact our law firm right away to learn more about how we can help you with your unique case by calling 208-584-2590.
What Do Post-Conviction Relief Lawyers Do?
Post-conviction relief attorneys help clients who have already received a verdict file an appeal. They may also offer legal counsel during the trial if they are retained as litigators during criminal proceedings. The legal assistance offered by post-conviction relief lawyers is incredibly important because it offers individuals hope even if they have received an adverse verdict and harsh sentencing.
Some duties performed by a post-conviction relief attorney both during the trial and in post-trial proceedings include:
- Gathering convincing evidence to prove that the individual is innocent or does not deserve maximum sentencing
- Seeking dismissal of the case in matters where the defendant’s constitutional rights have been violated
- Filing for a judge to reduce the sentence in cases where the individual is found guilty
- Filing with the court of appeals to get a new trial and judgment
- Protecting the defendant’s Sixth Amendment rights, which includes the right to a speedy, fair trial
- Preserving the individual’s right to habeas corpus or the right to know why the law is being exercised against that person
- Getting the criminal conviction reversed in cases where the defendant is innocent
- Helping the convicted person understand their options during post-conviction proceedings
- Offering legal counsel both during and after the trial
Our post-conviction attorneys have a deep understanding of state and federal law based on years of experience. We offer pre and post-trial counsel for individuals facing criminal charges in Idaho. We are not afraid to take cases to the federal courts to seek the outcome you need. Let us pursue justice on your behalf. Call Tatum Wysocki Law, P.C. right away for your post-conviction relief.
What Are the Benefits of Getting Post-Conviction Relief in Idaho?
When you’ve just gone through criminal proceedings, it might seem natural to leave things as they are and let the whole matter be done. However, post-conviction proceedings can be highly beneficial to many individuals, especially in cases where there is newly discovered evidence or if a conviction is unfairly harsh. If you aren’t sure whether seeking a post-conviction motion is right for you, please get in touch with a knowledgeable post-conviction relief defense attorney for help.
Some benefits that come with successful post-conviction actions include:
- Withholding of judgment – First-time offenders or individuals with minor charges may qualify for withholding of judgment, which keeps a formal conviction from entering their permanent criminal record
- Reduction of sentencing – If you succeed in seeking a reduction, you could have your charges reduced, allowing for a lowered sentence
- Case dismissal – Dismissing the charges is a form of complete conviction relief, allowing the person to have the conviction totally erased from their record. In these cases, it will be as if the criminal charges never happened, allowing them to obtain employment, professional licensing, and housing without having a criminal conviction on their record
- Reduced fear of social stigma due to the person’s criminal record
- Ability to mend relationships with family and friends based on a reversed sentencing
- Sense of self worth by fighting the prosecution’s image and backing it up with new evidence
- Restored ability to seek professional licensing, immigration status, child custody rights, academic scholarships, housing, and more
For help getting the post-conviction benefits you need, call our law firm immediately. We’ll investigate thoroughly to find evidence that backs up your story and gives you the best chance at the outcome you need.
What Options Do I Have if My Verdict or Sentencing is Incorrect or Unfair?
Many individuals found guilty of a crime in Idaho think that they must take what is given to them and resign themselves to months or years in jail. An unfair conviction can impact many other parts of a person’s life, including their social status, self-image, family life, professional career, and more. We understand the consequences of a negative, unfair verdict. We promise to stand by your side as you seek the outcome you need in your criminal case.
Please don’t lose hope. With an experienced attorney by your side, you can appeal the decision in state or federal court and get a much lighter sentence or even get your case dismissed. Call our experienced, caring team of lawyers to help navigate your post-conviction proceedings and get the best chance at a favorable outcome.
Action for Post-Conviction Relief in Idaho
If you believe your conviction violates your rights under the Idaho or Federal Constitution, you could file for a new trial in a separate case known as a post-conviction motion. Your attorney can help gather evidence to show that you were not given a fair trial or that your rights were violated. State law permits individuals to seek a lighter sentence in post-conviction action. Contact our team of attorneys immediately to discuss your needs for post-conviction relief.
Petitioning the Idaho Supreme Court in a Direct Appeal
Another option that you may take is to petition the Idaho Supreme Court in a direct appeal. This generally takes place if post-conviction relief does not resolve the issue. Any items brought up during the previous appeal may be brought before the court in a direct appeal. The Supreme Court may take on the case or assign it to the Court of Appeals. Defendants should not file such petitions without having skilled attorneys to help them navigate this complex system.
What Situations Could Merit an Appeal in Idaho Criminal Cases?
When you’ve received a negative outcome for your criminal proceedings, it can be easy to feel hopeless and discouraged. However, there are certain times when a person deserves a second chance at justice. Speaking with a trusted attorney is one of the best ways to understand your options and determine whether you should seek post-conviction relief.
The following reasons could justify an appeal in the Idaho criminal justice system:
- Asserting that the trial court judge did not make legally correct rulings
- Seeking a new trial for either release or modification of sentencing
- Unfair or unjust rulings, such as prison sentences that do not match the severity of the crime
- Juror misconduct
- Legal error
As you seek post-conviction relief, please keep in mind that the subsequent trial is not intended to redo the trial you’ve already received. Rather, the proceedings will be carefully reviewed to determine whether the judge and jury made legally sound decisions during the trial. With the lawyers at Tatum Wysocki Law, P.C. on your side, you can proceed with confidence and have the hope of a better outcome. Contact our legal team right away to learn more in a free, one-hour consultation.
Should You Hire Our Post-Conviction Relief Attorneys?
If you have been convicted of a crime in Idaho, you may worry about how the consequences of a sentencing, including jail time, fines, and a permanent criminal record, will affect your life. If you were not guilty of the crime, you have every right to seek relief with a post-conviction attorney.
At Tatum Wysocki Law, P.C., we proudly represent clients who have been mistakenly found guilty or received harsher sentences than they deserved. We will listen carefully to your concerns and explain your options in terms you can understand without confusing legal jargon. We have helped countless individuals restore their freedom and happiness by overcoming false accusations and getting their sentences reduced.
We know what it takes to get a favorable outcome in the Idaho legal system, and we will work tirelessly to get you the results you need. Our compassionate, capable post-conviction relief lawyers are just a phone call away.
Call 208-584-2590 today to speak with our legal team and schedule your complimentary, confidential case review.
