If you were convicted of a crime, there are a number of legal paths available to you to seek relief. These include appeals, post-conviction motions and writs of habeas corpus.
It is important to have a lawyer who understands how to navigate post-conviction proceedings in order to maximize your chances of success. LibertyBell Law Group’s post conviction lawyers are experts in the field and have helped clients achieve significant results.
Representation After Conviction
If you have been convicted of a crime, it is important that you hire a post conviction lawyer to represent you in your case. They can fight for your release, challenge the court’s guilty verdict, and ask the president to review your sentence.
The first step is to determine whether you can appeal your case to the appellate courts. This process requires that you provide the appellate court with copies of your trial record, as well as any evidence you wish to present in your appeal.
You have a certain amount of time from the date of your conviction or the date that the mandate is issued to raise any post-conviction claims. One of the most common claims is that you did not receive effective assistance of counsel at your trial, sentencing, or parole hearing.
This claim can only be raised by filing a motion with the appropriate state court in your jurisdiction. It is essential that you have an attorney to assist you in this complex and arcane process.
Notice of Appeal
A notice of appeal is the initial step in an appeal. It lays out your claims and allows the appellate court to gather and review your case materials before making an initial decision about whether to accept the appeal or dismiss it.
Some courts offer pre-printed forms to serve as a guide for the writing and filing of a notice of appeal. Many trial courts have their own rules about how to draft and file a notice of appeal so it is important to contact the court in question and ask about their particular requirements.
A notice of appeal should be written in clear, unemotional language. It should explain the situation that took place, why it was unfair and what you want to happen next. It should also be brief.
Post conviction motions can be a useful tool in challenging your conviction. They are different from appeals because they are filed in the trial court rather than with the court of appeals.
A motion to set aside a judgment or sentence can be based on errors in the trial process, newly discovered evidence, and more. Your defense lawyer can help you understand whether you have grounds to file a motion for post-conviction relief and how you might proceed.
There are specific timelines for filing motions and it takes an experienced post conviction lawyer to ensure that you are fully prepared.
There are also many other types of post-conviction relief available and the right lawyer can be crucial to success. One of the most common types is a claim for ineffective assistance of counsel.
If you or a loved one is imprisoned for a crime in California, there is a legal mechanism that allows you to challenge the conditions of your detainment: Habeas Corpus. It is known as the “Great Writ” because it protects our system of criminal justice from the threat of wrongful conviction.
In a habeas corpus proceeding, the court is looking for evidence of constitutional violations during the course of trial and sentencing. This can include claims of prosecutorial misconduct, ineffective assistance of counsel, newly discovered evidence, and jury misconduct.
A successful Writ of Habeas Corpus can result in a reduction of your prison sentence, a new trial, or freedom from imprisonment. The writ can also be used to challenge the conditions of your imprisonment, including being abused in prison or neglected by prison staff.
Bringing a successful Writ of Habeas Corpus requires skillful representation. The attorneys at Spolin Law P.C. have a proven track record in winning Writs of Habeas Corpus, led by Aaron Spolin, an award-winning appeals attorney and former prosecutor who has been successful on a number of cases sent to the state’s highest court.