If you have been convicted of a crime, there are many ways to challenge that conviction and restore your rights or get a new sentence. A post conviction lawyer can help you understand your options and how to go about pursuing them.
A post conviction attorney can help you file an appeal or petition for clemency or relief in state and federal courts. They can also analyze court records and identify any errors, new evidence or other factors that could raise issues with your conviction.
Re-sentencing or modification
A criminal sentence is a punishment imposed by a judge upon an individual who has been found guilty of a crime. In most instances, the judge’s ruling and sentence are final and cannot be modified.
However, if new information becomes available that impacts an individual’s original sentence, a court may allow a defendant to request a modification or addition. These modifications or additions can include jail time, probation, community service, and monetary fines.
The best way to get a sentence modified is to hire an experienced post conviction lawyer. An attorney will take the time to understand your goals and work closely with you throughout the process of preparing your modification request.
If you have had a conviction dismissed or were found not guilty, then you may be eligible to seek expungement of your records. This process is not always easy, and you should always seek legal counsel.
An experienced post conviction lawyer will explain the process and help you determine whether you are eligible for this type of relief. An expungement of your criminal record can improve your chances of getting jobs, scholarships, housing, admission to school, loans and many other opportunities in life.
In addition to expungements, New York courts also offer a procedure for sealing records. This procedure can be helpful for people who have completed all diversionary programs, have no pending charges and have finished the non-diversionary portions of their sentence.
After a conviction, you have several legal options available to you. These include appeals and writs of habeas corpus.
Habeas corpus is a post-conviction remedy that is most often used for the release from custody of a defendant who has been wrongfully convicted. This includes issues like illegally obtained evidence; ineffective assistance of counsel; or a jury trial that was improperly selected and impaneled.
The process for filing a petition for a writ of habeas corpus can be a complex one. This is why it’s important to hire a skilled post conviction lawyer.
Motion to reduce sentence
If a defendant believes that a sentence was imposed too harshly, they can file a motion to reduce their sentence. They may request to have the judge reduce their jail time, probation or community service, or monetary fines.
A defendant may also ask for a reduced sentence if they cooperated with the Government. Under Rule 35, a federal inmate’s sentencing can be reduced by up to 15% if they provide substantial assistance to the Government after their trial.
If you have been convicted of a crime and want to pursue a reduction in your sentence, it is important to consult with an experienced post conviction lawyer. They can help you determine if a reduction is possible and present your case in the best way possible to the court.
Motion for newly discovered evidence
Sometimes, new evidence comes to light after a trial that can cast a reasonable doubt on the defendant’s guilt. Maybe a key witness recants their testimony or a piece of DNA evidence reveals that the defendant did not commit the crime.
These are common reasons that a post conviction lawyer will file a motion for newly discovered evidence. This is a type of motion that can result in an entirely new trial, complete with a different jury.