Whenever someone goes through a court trial and is convicted of a crime, he or she may have several options available to challenge the conviction.
The types of options available typically vary from state to state with each state setting its own laws except in cases of federal convictions which follow a single set of laws.
Post conviction proceedings involve the various steps a criminal defense lawyer can take to counter or overturn a conviction.
Criminal Conviction Proceedings Once a jury finds a defendant guilty and charges are filed, a person has been officially convicted of a charge or crime.
Convictions may seem final once they're given, but other options may be warranted depending on the circumstances of the trial.
Post conviction -also known as post conviction relief- applies in cases where errors have occurred within the course of the trial.
The types of errors involved may include discrepancies regarding evidence submitted or faulty instructions given to the jury or any number of circumstances.
Cases where errors are made can ultimately affect the outcome of the trial.
In effect, the court has to reconsider the justification for a conviction once it's proven that errors were present in the initial trial.
As each state sets its own laws regarding these proceedings certain time deadlines to submit a request may apply.
A defense lawyer may also be able to enter into these proceedings in cases where the defendant has already been incarcerated if state law allows.
Appeals Many people commonly associate post conviction proceedings with the appeal process; however appeals are just one type of post-trial proceeding.
Like any other form of post-trial proceeding, an appeal must be based on a legal or procedural error that took place during the course of the trial.
An appeal request or petition is reviewed by an appellate court within the same jurisdiction where the trial was held.
In most cases, anyone convicted of a crime has the right to at least one appeal request.
This provision also applies for people unable to pay for legal counsel in which case a public defender would be assigned.
However, someone who enters a guilty plea during a trial loses his (or her) right to appeal.
Once an appeal reaches the appellate court level, the court can only review the records and evidence used during the initial trial hearing.
This means no new evidence can be submitted during the appeal review process.
Other Types of Criminal Proceedings Once a conviction is made, the types of post-trial options available depend on the circumstances of the case so not all options apply for every case.
Some of these options may be requested at the end of a court trial while others require further review by a committee or higher court.
The types of post-trial options available include: • Habeas Corpus • Reconsideration • Motion for new trial • Expungement For someone who's already been incarcerated, a Habeas Corpus request can be filed on the grounds that holding the person in prison violates a law or Constitutional provision.
For reconsideration's and motions for a new trial, lawyers can submit a request to the trial court immediately after a conviction is made.
In general, reconsideration involves asking the court to set aside the jury's verdict and reconsider its decision to convict.
A motion for new trial essentially asks the court to vacate the conviction and grant a new trial altogether.
Ultimately, the odds of a court granting either of these options are slim.
In cases involving a minor or in cases where no jail time is granted, a defense lawyer can request the defendant's conviction record be expunged or sealed.
As people with criminal convictions often have difficulty getting a job, expunging a conviction prevents potential employers from seeing these records.
The type of crime involved determines whether expungement is an option.
Most states only allow expungement in the case of misdemeanor convictions.
This means someone convicted of a felony must first get their case reduced to a misdemeanor before expungement becomes a viable option.
Conclusion Legal proceedings can be an overwhelming process for anyone facing a criminal court hearing.
Post conviction proceedings are designed to ensure a defendant is treated fairly within the criminal court system.
A competent defense lawyer can ensure a person's rights are protected both during and after a conviction has been passed down.
This is especially so in cases involving felony convictions, which can ruin a person's record for the rest of their life.
By hiring a competent defense team, a defendant has a better chance of fair treatment and due consideration under the law.
The types of options available typically vary from state to state with each state setting its own laws except in cases of federal convictions which follow a single set of laws.
Post conviction proceedings involve the various steps a criminal defense lawyer can take to counter or overturn a conviction.
Criminal Conviction Proceedings Once a jury finds a defendant guilty and charges are filed, a person has been officially convicted of a charge or crime.
Convictions may seem final once they're given, but other options may be warranted depending on the circumstances of the trial.
Post conviction -also known as post conviction relief- applies in cases where errors have occurred within the course of the trial.
The types of errors involved may include discrepancies regarding evidence submitted or faulty instructions given to the jury or any number of circumstances.
Cases where errors are made can ultimately affect the outcome of the trial.
In effect, the court has to reconsider the justification for a conviction once it's proven that errors were present in the initial trial.
As each state sets its own laws regarding these proceedings certain time deadlines to submit a request may apply.
A defense lawyer may also be able to enter into these proceedings in cases where the defendant has already been incarcerated if state law allows.
Appeals Many people commonly associate post conviction proceedings with the appeal process; however appeals are just one type of post-trial proceeding.
Like any other form of post-trial proceeding, an appeal must be based on a legal or procedural error that took place during the course of the trial.
An appeal request or petition is reviewed by an appellate court within the same jurisdiction where the trial was held.
In most cases, anyone convicted of a crime has the right to at least one appeal request.
This provision also applies for people unable to pay for legal counsel in which case a public defender would be assigned.
However, someone who enters a guilty plea during a trial loses his (or her) right to appeal.
Once an appeal reaches the appellate court level, the court can only review the records and evidence used during the initial trial hearing.
This means no new evidence can be submitted during the appeal review process.
Other Types of Criminal Proceedings Once a conviction is made, the types of post-trial options available depend on the circumstances of the case so not all options apply for every case.
Some of these options may be requested at the end of a court trial while others require further review by a committee or higher court.
The types of post-trial options available include: • Habeas Corpus • Reconsideration • Motion for new trial • Expungement For someone who's already been incarcerated, a Habeas Corpus request can be filed on the grounds that holding the person in prison violates a law or Constitutional provision.
For reconsideration's and motions for a new trial, lawyers can submit a request to the trial court immediately after a conviction is made.
In general, reconsideration involves asking the court to set aside the jury's verdict and reconsider its decision to convict.
A motion for new trial essentially asks the court to vacate the conviction and grant a new trial altogether.
Ultimately, the odds of a court granting either of these options are slim.
In cases involving a minor or in cases where no jail time is granted, a defense lawyer can request the defendant's conviction record be expunged or sealed.
As people with criminal convictions often have difficulty getting a job, expunging a conviction prevents potential employers from seeing these records.
The type of crime involved determines whether expungement is an option.
Most states only allow expungement in the case of misdemeanor convictions.
This means someone convicted of a felony must first get their case reduced to a misdemeanor before expungement becomes a viable option.
Conclusion Legal proceedings can be an overwhelming process for anyone facing a criminal court hearing.
Post conviction proceedings are designed to ensure a defendant is treated fairly within the criminal court system.
A competent defense lawyer can ensure a person's rights are protected both during and after a conviction has been passed down.
This is especially so in cases involving felony convictions, which can ruin a person's record for the rest of their life.
By hiring a competent defense team, a defendant has a better chance of fair treatment and due consideration under the law.