Many people don't know what a post conviction appeal is. Here are some answers to their questions.
The legal term of post conviction appeal is a confusing one too many who are unfamiliar with the judicial system. Because this isn't something that is done every day,
even by lawyers, the complexities are a bit tricky to understand. On top of that, the specifics change according to the state where the case was tried. Here are some questions that many individuals have about this process along with some answers.
What is a "post conviction appeal?" If you break down the three words in the phrase, you'll begin to understand what it is. The word "post" means "after." The word "conviction" means that the accused was found guilty. The word "appeal" means to ask for another look at the situation. Put these three words together and you have a legal process where a lawyer is asking the powers-that-be to look at a guilty verdict to see if it was reached incorrectly.
What happens in this process? When a lawyer asks for an appeal, he or she is asking for his or her client's guilty verdict and case to be reviewed. This will be turned over to an appeals court made up of judges who were selected for this exact reason. They will look at the case to see if it was handled correctly.
What's the first step? Filing for an appeal with the courts is the first step to take to get the ball rolling. This notice must be filed with the clerk in the same courthouse where the verdict was reached. Filing for a new trial is another option to look at.
Is there a time limitation? Yes; this notice must be filed within 30 days of the case.
What's next? Next, the law practice representing the client will send for all transcripts, documents and records from the case.
Can new evidence be presented if it's been discovered in the meantime? No. New evidence is not going to be looked at in these circumstances.
What power does this group of reviewing judges have? They have the power to change the outcome of the previous trial. They can reverse a decision and even acquit an individual. They can also state that there wasn't enough evidence for a verdict and overturn it.
What happens if mistakes are discovered by the judges reviewing the paperwork? If mistakes were made that led to an improper guilty verdict, this can have a profound impact. If there were mistakes that didn't actually lead to the final determination, they won't matter at this point.
Can any lawyer perform this tactic? Legally, all lawyers are allowed to file post conviction appeals but not all of them are adept at it. This requires quite a bit of finesse, experience and knowledge. The attorney must be excellent at researching, writing, and almost sleuth-like in their detective and logic skills. You'll want to hire someone with experience in overturning past cases.
Filing a post conviction appeal is one way that a person can be set free from a jail sentence. Finding a lawyer who is experienced in these types of legal motions will be in your best interest.
