Being convicted of a crime is a devastating event in anyone’s life. Sometimes, errors are made in court or in procedures, which may provide options for an appeal of the conviction. An appeal attorney or a team of appellate lawyers can work on behalf of an individual charged with a crime to utilize the appeals process.
Specialized law firms such as Halscott Megaro, provide these types of highly trained and experienced attorneys. Unlike trial attorneys, the appeals lawyer or lawyers have very specific types of motions, appeals, and writs they can use in the appeals process. Understanding the most effective option to use for post conviction relief is a critical first step in the process.
Common Arguments
By talking to appellate lawyers, an individual with a conviction can have a clear understanding of what can and cannot be used for post conviction relief. This is very similar to a post-trial motion, and they are filed by the appeal attorney directly with the trial court, and not with an appellate court.
Usually, but not always, the post conviction relief is requested and used after direct criminal appeals are unsuccessful. The common arguments include the use of DNA not available at the initial trial, changes in the law since the conviction, jury misconduct or perjury during the trial or a lack of effective representation by the defendant’s trial lawyer.
This information must be developed in the motion to be convincing and complete, allowing the judge to see the issues that occurred during the initial trial.
Effective appeals lawyers can fully develop the necessary evidence for the specific argument applicable to the case. When this occurs, the judge may choose to order a new trial or to modify the sentence, with both options offering a positive benefit for the convicted individual.
Those convicted of a crime have the opportunity to work with an appeal attorney at Halscott Megaro for post conviction relief.
