If you have been convicted of a crime, you can explore other remedies with help from a post-conviction attorney. First, the conviction must be final. It is final when the deadline for filing appeals has passed, or your appeals have been denied. While this can seem like a hopeless time, your attorney can determine if you are eligible for relief.
People can pursue post-conviction relief while serving time in prison or upon release. However, those who wish to delay relief should consult with an attorney to go over timelines. Otherwise, it could be too late to challenge a sentence. People may also not be able to file for expungement or attempt to get exonerated.
A post-conviction attorney can challenge a sentence if it violates the federal or state constitution. First, the attorney must determine the grounds to file a motion. Common grounds include ineffective assistance of counsel and prosecutorial misconduct. Also, attorneys can challenge the ruling based on innocence or the discovery of new evidence. Finally, people who were found guilty and pleaded guilty can challenge a sentence on state or federal grounds.
It is more difficult to challenge a claim when the person pleads guilty. However, the attorney might be able to provide evidence that shows the trial attorney swayed the defendant to plead guilty. Upon review, the guilty plea was not in the client’s best interest. After choosing the grounds, the attorney must file the claim in county circuit court. It must be the same court where the claimant was found guilty or entered a guilty plea.
The Revised Statutes of Missouri, RSMo §610.140, went into effect in 2018. The law made it easier for post-conviction attorneys to expunge criminal records. Once the records have been expunged, only law enforcement agencies, the courts, and some employers have access to them. In addition, once records have been expunged, people do not have to admit they were convicted of crimes. This makes it easier to rent a home and get a job.
Not all criminal offenses can be expunged under the law. For example, those who have committed a Class A felony or dangerous felony cannot petition for expungement. Also, domestic assault and driving while intoxicated must stay on the record. Finally, people who are required to register as sex offenders cannot have the record expunged. In other cases, the attorney can petition the court to have the record expunged.
A post-conviction relief attorney can help people who are wrongfully convicted. The attorney can investigate the case to find new evidence and then file a motion. Sadly, innocent victims cannot rely on the prosecutors to right the wrongs after sending innocent people to prison. Most often, a legal team is needed to fight for the rights of the wrongly convicted.
Speak to an attorney to explore post-conviction relief options. Even if you have been released from prison or avoided jail with probation, options might be available. After reviewing your case, your attorney can brief you on the various strategies. Then, the lawyer can move forward by filing the necessary paperwork.
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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