If you have been found guilty of a crime, you can seek post conviction relief. An attorney can make an appeal or file another motion. If successful, you can move beyond your conviction and get your life back. Learn more about your options, and then seek legal counsel.
Post-conviction relief options are numerous. Most people start with a direct appeal and then move on to post conviction relief. People also have other options, including a writ of habeas corpus and a motion for DNA testing. Then, those who are exonerated can file a motion for compensation.
A direct appeal is a common first line of defense for those found guilty. A Missouri attorney must have grounds to file the appeal. Common grounds for direct appeal include improper jury instructions, improper exclusion or admission of evidence, improper prosecution arguments, and insufficient evidence to support a conviction. A successful appeal generally leads to a new trial.
Defendants who have pled or been found guilty can file a Motion for Post-Conviction Relief. This motion can only be filed after an appeal has been denied or after the time for filing a legal appeal has expired. The motion challenges the conviction based on a violation of the federal or state constitution. For instance, the defendant might claim ineffective counsel led to the conviction.
A Missouri post-conviction attorney can file a petition for a writ of habeas corpus with the state or federal courts. This filing gives Missouri residents the power to protest confinement. The protest can be based on inhumane conditions. However, a writ of habeas corpus is rarely issued, so providing ample evidence is critical.
Attorneys also file a motion for DNA testing. Such a motion is available to all parties who state they are innocent of the crimes they have been convicted of committing. The DNA is then tested to see if it is a match. If the DNA is not a match, the attorney can take steps to exonerate the client.
Unfortunately, many men and women are found guilty and spend time in jail for crimes they did not commit. A post-conviction relief attorney can fight for exoneree compensation. People unjustly imprisoned are eligible for compensation for each day spent in person. However, time is of the essence with these claims. Claims must be filed within a year of the release.
A post-conviction attorney can file appeals and motions to help clients get new trials and vacate sentences. If you or a loved one has been convicted while innocent, consult with an attorney. Your attorney will evaluate the evidence and determine the proper legal strategy. Remember, you have legal options, even if you have used all of your appeals. In that case, your attorney can use post conviction relief remedies to help you.
Call us at (417) 865-2181 for more information from Dean Price Law or to schedule a consultation in our office in Springfield. NOTE: This is for informational purposes only and does not constitute legal advice.
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