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The Role of a Criminal Defense Lawyer in Post-Conviction Relief and Appeals

Even with the best defense lawyer, juries and judges can be unpredictable, and they may decide you are not credible and are not telling the truth. You are now facing a conviction and prison time.

A criminal defense attorney is your biggest ally at this time. Alabama stacks the deck against those accused of a criminal offense by providing no state post-conviction offices. To make matters worse, judges routinely override jury verdicts to impose capital punishment.

There may be several filings we can pursue to seek relief from a post-conviction decision.

As an experienced Criminal Defense Attorney, Jason Darley of Darley Law will advocate that his client deserves a reduction or reversal of his conviction. He is knowledgeable in the areas of post-conviction relief and appeals. There are several avenues to pursue.

Post-Conviction Relief

Appealing an unfavorable trial verdict is the most common type of post-conviction relief to reverse an adverse ruling.

There are several different versions of post-conviction relief:

  • A Motion for a New Trial

    Generally, this is filed before the sentence is rendered and must be restricted. For example, juror misconduct would be grounds for a new trial, as would the introduction of new evidence. Your defense counsel may seek a new trial if the defendant learns the jurors went online and conducted research. If there were some outside influences, a new trial may be requested.

  • A Direct Appeal

    A direct appeal can be filed that challenges the conviction based on all the evidence that makes up the trial record. This includes filing an appellate brief for a new trial arguing the judge’s ruling was based on improperly admitted evidence, overruled trial objections, and trial violations.

  • A Collateral Attack

    This is the opportunity to address the trial counsel errors. For example, relevant witnesses may not have been called, even though they were known at the time of trial. An expert witness may not have testified even though their testimony was relevant. DNA evidence that would have helped the defendant was not submitted. We will need affidavits from uncalled witnesses and the testimony they would have added to the trial. These are issues that fall outside of the trial transcripts and an opportunity to challenge the prosecution’s ineffectiveness or errors.

  • A state and federal Habeas Corpus Petition

    While a habeas corpus petition varies from state to state, it is a legal recourse that allows a defendant to report unlawful detention and seek redress through the courts. The petitioner must be imprisoned. A federal habeas corpus relief must be founded on federal constitutional law, as the Constitution protects against unlawful imprisonment. It is a freedom sought against arbitrary power. A common argument is that you had incompetent legal counsel or that your sentence exceeds the maximum the law allows. If granted, the Writ of Habeas Corpus means you are granted another day in court.

Alabama does not have a public defender system and will not aid you in post-conviction litigation. Alabama prisoners are not allowed to raise in federal court any issues not previously addressed in state court. Only after a post-conviction petition is filed in state court will the court understand that counsel must review your conviction.

Your Alabama Criminal Defense Lawyer

Criminal defense attorney Jason Darley has the experience to focus his advocacy on those accused of a crime in the Mobile area. Whether a DUI, violent crime, or drug offense, Darley Law often determines that essential evidence was missing from your case. Usually, this is done at your expense so the prosecutor can seek a conviction.

As your criminal defense attorney, Jason Darley will seek post-conviction relief due to ineffective counsel, a sentencing error, or newly discovered evidence. There are time limits within which you must bring a post-conviction motion, so it is essential to contact Mr. Darley as soon as possible.

If you are facing criminal charges, Mr. Darley can be reached at his Mobile office at (251) 441-7772. When you call for a complimentary consultation, we can determine the strengths and weaknesses of your case and any avenues for relief. Whether a state or federal law violation, Jason Darley is an advocate to represent your interests with experience and compassion.

 

Sources:

Barkan Research
https://barkanresearch.com/common-type-of-post-conviction-relief/#:~:text=The%20most%20common%20type%20of,convicted%20subsequent%20to%20a%20trial.

Alabama Code Habeas Corpus
https://law.justia.com/codes/alabama/2006/14214/143024.html

Southern Center for Human Rights
https://www.schr.org/wp-content/uploads/2020/03/Know-Your-Rights-Alabama-State-Post-Conviction-Habeas-Procedure.pdf

Alabama Post-Conviction Relief Project
https://www.alapcrp.org/about-apcrp/

 

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