A Missouri post-conviction attorney may be able to provide legal aid for those convicted of a crime. Find out your legal options and discover how a lawyer can help. Then, you can choose your next steps. For instance, you might decide to pursue an exoneration or other types of post-conviction relief.
While criminal lawyers appeal cases to the higher courts, post-conviction attorneys undergo a different process. Instead, these attorneys use the trial courts to obtain post-conviction relief. Additionally, lawyers can file for an exoneration or expungement. Learn more about each option.
Sometimes, cases are far from settled after the judge’s ruling. For instance, new evidence could come up that would change the outcome of a jury verdict. Also, the defendant might not have received effective counsel. Additionally, the prosecutor could have behaved in an unethical and illegal way.
Attorneys can file motions for post-conviction relief after discovering any of these issues. First, the lawyers must file the motions in the court where the defendant entered a plea or was found guilty. Then, the attorneys continue collecting evidence to prepare for the hearing. If successful, the judge might overturn the conviction.
Sadly, courts, at times, convict people of crimes they did not commit. In 2021, Missouri passed a law to allow prosecutors to file motions when there is evidence that someone was wrongfully convicted. Still, relying on the prosecution to right a wrong is not always ideal. It could take years or even decades for prosecutors to file a motion, if they do so at all.
Fortunately, people can pursue relief through a post-conviction attorney. First, lawyers file a motion to start the exoneration process. If approved, people can put their convictions behind them. Thus, those convictions will not impact people when applying for jobs or housing.
Getting criminal records expunged used to be an uphill battle. However, that changed with the passage of the Revised Statutes of Missouri, RSMo §610.140, in 2018. The new law makes it easier for convicted parties to get records expunged. However, expungement is not open to people who have been convicted of:
If the Missouri post-conviction relief attorney is successful, the client’s criminal record will no longer be visible to the general public. The exonerated party will not have to let anyone know about the conviction. Instead, it is like it never happened. This allows people to get a fresh start in life.
As you can see, you have numerous legal options, even if you have been convicted of a crime. Whether you are currently in prison or supporting an incarcerated loved one, you can begin moving forward by consulting with an attorney. Contact a firm today to go over the case to see if post-conviction relief is an option. If it is, your attorney can advise you on the next steps to take.
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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