Wrongfully Convicted or Sentenced? File for Post-Conviction Relief.
After a person has been convicted and sentenced for a crime, he or she may believe that there is no hope and that the sentence must be served. Fortunately, there is still opportunity to seek justice after sentencing through appeals or post-conviction relief. Ohio state law allows convicted individuals to file a petition for post-conviction relief if the individual believes that his or her constitutional rights were infringed upon during trial, or that compelling evidence has come to light – such as DNA evidence, an admission of guilt by another party, or any evidence that was illegally withheld by the prosecutor or police or investigators that would have likely impacted a decision by a jury. Post-conviction claims are different from direct appeals in that they are based solely on evidence that is not found in the record.
Your Ohio post-conviction attorney must draft a petition – a complex document that must be accepted by the trial court. Not only must this petition clearly state any violation of constitutional rights regarding your conviction, you have a certain amount of time in which to present these documents.
- If you timely filed a direct appeal, a post-conviction petition is due 365 days after the date the trial transcript was filed in the court of appeals.
- If you did not timely file a direct appeal, a post-conviction petition is due 365 days after timely notice of appeal was due (395 days after your sentencing entry was filed).
The post-conviction petition will require extensive research into case law, and a full study of the evidence presented (or not) at trial. Sometimes, an investigation will need to be done to determine whether evidence was suppressed or witnesses should have been called at trial. The skills necessary to draft a petition in post-conviction relief go beyond what most law firms are prepared to get involved in. Your right to post-conviction relief is outlined in Ohio Revised Code § 2953.21.
Ohio Criminal Appeals Lawyer
The key to winning post-conviction relief begins with the superior quality of the petition filed. There are cases in which errors made by the prior defense attorney, prosecutor, or judge is evidence that one’s constitutional rights were violated at trial.
Our team of distinguished post-conviction relief attorneys have extensive experience in appellate court matters. This includes:
- Successfully filing appeals, post-conviction petitions, and habeas petitions for those who have been wrongfully convicted or sentenced.
The state of Ohio and the federal courts. We employ unique and creative methods to defend our clients, and are highly skilled in preparing petitions in post-conviction matters. Our attorneys have authored a large number of legal publications, and are often called upon for legal commentary in local and national news, and are frequent lecturers in criminal law in the United States. You can trust our knowledge and experience when searching for the best Ohio post-conviction lawyer to help you take action.
Fill out our online contact form at once, or call us directly at our firm.
.png){kind=small}
