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What is Post Conviction Relief?

On Behalf of | May 12, 2012 | Uncategorized

A motion for post conviction relief is typically a defendant’s last resort for attempting to overturn a criminal conviction. It could also be a last effort to be released from prison after direct appeal of the person’s criminal case has been denied or not been effective. Typical grounds for one seeking post conviction relief could include:

  • Your prior trial lawyer for your original case was ineffective
  • Your prior trial lawyer for your appeal was ineffective
  • New evidence that would be considered critical and influential for your trial case was discovered which was unknown or missing prior to your conviction
  • You made a guilty plea which was not voluntary or which was influenced by agreements not disclosed to the judge
  • You are subject to deportation from the United States due to the fact that you were convicted in a criminal case and were not properly advised of the consequences of your plea.
  • Your conviction is the result of the government withholding favorable evidence which was not presented at your trial.

Post conviction relief has become a hot topic because it is a way for people to vacate their criminal convictions if there are negative effects on their immigration status in the United States. For instance, drug related offenses, aggravated felonies, and domestic violence cases can all affect your status. If you’re seeking a motion for post conviction relief, contact the lawyers at Sheppard, White & Kachergus, P.A., Attorneys & Counselors at Law. We’re here to help.