What Should You Know About Post Convictions Criminal Proceedings And Relief?

With a post-conviction criminal proceeding, you can challenge the outcome of a conviction or the judgment which has otherwise become final. There are numerous types of post-conviction proceedings, and most of them would need you to prove that there was some error that was committed by the lower courts, which has led to the existing ruling.

Almost every state has laws and statutes which govern the post-conviction proceedings and post-conviction relief. But there are statues which regulate the scope of relief and the timeliness of filing the claim. Many states do not allow the post-conviction proceedings after five years of the conviction.

Types of Post-Conviction Proceedings

There are various types of post-conviction proceedings that you should be aware of before reaching out to criminal appeals lawyers in Houston, Texas.  Let’s take a look at them:

Appeal

You have a right to appeal. If you find that there is an error in the court’s decision or there was some legal error or procedural error such as improper instruction by the jury.  Once you appeal, you will not be able to give any new evidence. The appellate court will only review the records and the evidence from the trial court.

Retrial

If you find that there is a grave error that occurred in the trial court, you can opt for a criminal retrial. You can use it if you find that juror has tampered with the evidence or there has been misconduct on the part of the attorney. It is different from the appeal in two ways:

• New evidences can be provided
• The new jury may be used in the trial

Habeas Corpus

The writ permits any person who has been detained to be released after the challenge of the constitutional basis of their incarceration. In this proceeding, it should be proven that the defendant should be incarcerated by the federal laws or the ones applicable in the state.

Clemency

It allows the offender to be forgiven of their charges after the conviction. The clemency includes the restoration of the civil rights on the inmate is released.  It is usually filed with the state Governor.

Commutation

It is like the clemency but with the restriction that the civil right may not be restored even if the person is released from the prison.

Pardon

Those who have been serving in prison may petition for a pardon. It absolves them for their legal charges. They are highly rare and are very difficult to obtain as they need approval from the President of the country.

Expungement

It applies to those who have served their sentence and want to apply for the expungement in the future. It is also called as record sealing and prevents the persons from accessing the criminal records of the defendant as if the crime never happened. But there are some exceptions as well.

Finally,

Things are not that easy when you are seeking post-conviction relief, and it is where hiring criminal appeals lawyers in Houston, Texas may be helpful.