Appeals and Post-Conviction Relief
Criminal Defence
Appeal after Trial
After a conviction and sentencing, there are still legal options to reverse the conviction, obtain a new trial, or receive a different sentence. The criminal defense team at Rowley Chapman & Barney, Ltd. specializes in handling appeals and securing post-conviction relief, helping clients seek relief from a conviction even after a trial or plea agreement.
Appeals and post-conviction relief differ in their processes. An appeal is a constitutional right available following a conviction after trial. Its purpose is to identify and correct errors made during the trial. Relief can be granted regardless of who made the mistake. Common issues on appeal include legal errors made by the judge, such as allowing improper evidence or testimony. Improper conduct by the government may also be challenged during the appeal process.
It’s important to consult with a knowledgeable criminal attorney who can thoroughly review the case to identify all potential issues for appeal. Once an issue is omitted from the appeal, it generally cannot be raised again later. Appeals are subject to strict deadlines, so it’s crucial to contact an attorney as soon as possible to ensure timely action.
Petitions for Post-Conviction Relief
Post-conviction relief petitions, also known as “PCRs” or “Rule 32 petitions,” are distinct from appeals. Post-conviction relief can be sought after an appeal has been denied, following the entry of a plea agreement, or when new evidence emerges that the court should evaluate.
Similar to appeals, PCR petitions must be filed within specific deadlines. If these deadlines are not met, courts typically will not consider the petition, except in exceptional circumstances.
Post-Conviction Relief Petitions Following a Plea Deal
When a person enters a plea agreement, they waive or give up the right to appeal. They retain, however, the right to challenge their sentence, or the conduct of their attorney in a post-conviction relief petition. In many cases, the judge did not properly consider information that should have resulted in a more lenient sentence. In other instances, the attorney did not present information that should have been presented. Additionally, there are cases where the defense attorney did not properly advise a client about their case, the plea offer, or penalties associated with it. Any of these reasons, along with others, entitle a court to grant relief from the conviction or penalty.
The attorneys that make up the criminal defense team at Rowley Chapman & Barney, Ltd. are experienced trial and appellate attorneys that can help you with your appeal or post-conviction relief petition, or with any other criminal defense matters.
