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What is Post-Conviction Relief?

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In Ohio, post-conviction relief is a petition seeking a remedy from the court. Typically, individuals will ask for a reversal of a conviction, a sentence reduction, or a release from prison. Even if you were convicted many years ago, you may still be able to seek post-conviction relief. The court allows for appeals if new evidence has come to light, your legal rights were violated during the original conviction, or a judicial error happened.

Submitting an appeal or requesting post-conviction relief is an excellent option for offenders who wish to clear their records. However, it is not a viable option for everyone, so consulting with an experienced legal team is essential before starting the process. If you have questions about challenging a felony conviction, don’t hesitate to reach out. Call our law office today at 330-296-8000.

What Are the Different Types of Post-Conviction Relief and Appeals?

Depending on your specific circumstances and the circumstances of your case, a few different options are available when requesting post-conviction relief. These options could grant you a retrial, a resentencing, or a judge vacating the initial verdict altogether.

If you are seeking post-conviction relief, you can choose from the following options:

Direct Appeal

A direct appeal is one of the most common ways to challenge a conviction. During a direct appeal, you must show that a legal error during the trial led to a wrongful conviction. Or, you must prove that your rights were infringed upon somehow. If granted, a direct appeal could invalidate the original conviction and sentence but will not lead to a new trial.

Motion for a New Trial

If you have discovered new evidence that could impact your original verdict, you may be able to submit a motion for a new trial. This motion is filed with the judge of your original case. If the judge grants the motion, you will be retried and likely face a different verdict or sentence.

Judicial Release

A judicial release is requested when the individual is still serving jail or prison time. During a judicial release, the offender will ask the court to end their sentence early because they have been rehabilitated, not because of a legal error or new evidence. A judge will consider the time left in the sentence, the original criminal conviction, and whether this was a first-time offense.

Writ of Habeas Corpus

A writ of habeas corpus is a civil action to determine whether imprisonment is lawful. In this appeal, you can submit new evidence to challenge an old conviction or incarceration. In a habeas corpus, you must define why your imprisonment is unlawful and why the writ should be granted. If the judge allows it, your sentence may be reduced or altered.

What Do You Need to Prove to Challenge a Conviction Successfully?

In any appeal or post-conviction relief, you must prove that the interests of the court will be served if they vacate the previous conviction. In most cases, individuals introduce new evidence to prove they are innocent of the crime they were convicted for. Recently, DNA has been used to verify that an offender is innocent of the crime they were convicted for.

In other less common appeals, offenders are able to prove that law officers, a prosecuting attorney, or even a judge engaged in misconduct during the original trial. If an individual’s rights were infringed upon in any way, it could lead to a new trial or even conviction relief. However, the burden of proof is up to the individual submitting the appeal, and it can be difficult to prove misconduct after the fact.

How Can a Lawyer Help Me?

Submitting an appeal or a request for post-conviction relief is a long and arduous process. Gathering paperwork, submitting new evidence, and proving your case can be difficult without an experienced attorney on your side. By hiring a lawyer from our team, you can rest assured that you are being advocated for and that your rights are protected.

If you would like to challenge a felony conviction in Ohio, don’t hesitate to contact Weisenburger Law Offices, LLC. Our team would be happy to review your case and let you know how we can assist you. For more information, call us today at 330-296-8000.

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