Post-Conviction Attorney In Little Rock Providing Legal Support For The Wrongly Convicted
Being convicted of a crime is a life-changing event. Even after serving your sentence, you may find yourself struggling to move forward with your life. However, all is not lost. If you feel that you were wrongly convicted, there are legal options available to you. Post-conviction representation is a specialized area of law that involves appealing a criminal conviction or sentence. At Wesley Rhodes, Attorney at Law, our lawyer is here to help you navigate the complex legal process of post-conviction relief.
What Is Post-Conviction Representation?
Post-conviction representation is the legal process allowing a defendant to challenge the validity of a conviction or sentence after their case has been concluded. The process varies depending on the state and circumstances of the case, but it typically involves filing a motion with the court, presenting evidence of errors or omissions in the trial, and arguing for a new trial, reduced sentence or other relief. There are several grounds for seeking post-conviction relief, including ineffective assistance of counsel, prosecutorial misconduct, newly discovered evidence and violations of the defendant’s constitutional rights.
It is important to note that post-conviction relief is not an appeal and does not reexamine the facts of the case but rather focuses on errors in the legal process. If you believe that you have been wrongly convicted or sentenced, it is essential to work with an experienced post-conviction attorney who can evaluate your case and determine the best course of action.
Don’t let a criminal conviction define your future. Contact us at 501-301-4591 to discuss your post-conviction options and let our lawyer fight for your rights.
Types Of Post-Conviction Relief
Appeal
The most common type of post-conviction relief is an appeal, which is a request for a higher court to review the lower court’s decision.
Habeas Corpus
A writ of habeas corpus is another type of post-conviction relief. This writ allows a person who is in custody to challenge their detention in court.
Motion To Vacate, Set Aside Or Correct A Sentence
This type of post-conviction relief is based on a claim that the defendant’s sentence was illegal or unconstitutional. The defendant can file a motion with the trial court asking the court to vacate, set aside or correct their sentence.
Partner With Our Experienced Post-Conviction Attorney
At Wesley Rhodes, Attorney at Law, our lawyer understands the complexities of the process and the stress it can cause people. He is dedicated to helping clients in Little Rock, Conway and Saline counties, and the surrounding areas navigate the post-conviction process and seek the relief they deserve.
Grounds For Post-Conviction Relief
Post-conviction relief (PCR) is a legal process that provides defendants with the opportunity to challenge their convictions or sentences after their trials have ended. The PCR process is available to defendants who have been convicted of a crime and have exhausted all their appeals or did not file their appeals within the allotted time frame.
This process aims to correct any errors that may have occurred during the trial, including constitutional violations, ineffective assistance of counsel, procedural errors and other grounds.
Ineffective Assistance Of Counsel
Ineffective assistance of counsel is a common ground for post-conviction relief. This claim is based on the idea that the defendant’s attorney did not provide effective assistance, which resulted in a conviction that would not have otherwise occurred.
New Evidence
New evidence can be presented in a post-conviction hearing as long as it could not have been discovered at the time of the trial.
Constitutional Violations
Violation of a defendant’s constitutional rights during trial could warrant a post-conviction appeal. Examples of constitutional violations include an illegal search and seizure or a coerced confession.
Procedural Errors
If the trial court committed procedural errors that denied the defendant a fair trial, the defendant may be entitled to post-conviction relief. Procedural errors may include issues related to jury selection, jury instructions or sentencing.
The Post-Conviction Process
The post-conviction process comprises several steps, such as the following:
- Filing a notice of appeal: After a conviction, the defendant has a limited time period in which to file a notice of appeal. This notice notifies the appellate court that the defendant wishes to appeal the conviction.
- Briefing the case: This next step involves preparing written arguments by the defendant and the state, which are submitted to the appellate court.
- Oral argument: After the briefing is complete, the appellate court may schedule an oral argument in which both sides can present their cases to the court.
- Decision by the appellate court: After the oral argument, the appellate court will make a decision regarding the post-conviction relief sought by the defendant.
Learn More About The Post-Conviction Process
For more information about the process and how it might apply to your case, call 501-301-4591 or fill out our online contact form.