Post-conviction
Post-conviction relief, when the appeal is over
After the direct appeal ends, a conviction can still be challenged in limited ways: a petition that the trial lawyer's work fell below what the Constitution requires, evidence that could not have been found in time for trial, or a sentence a later change in the law makes unlawful.
Unlike an appeal, a petition can bring in facts outside the trial record, through affidavits, records and sometimes a hearing. That makes the investigation as important as the writing.
Where a review starts
- 01
The trial lawyer's file
What was investigated, what wasn't, and the advice the client was given about a plea.
- 02
What has changed since
A witness who has recanted, a forensic method since discredited, a ruling that applies to the case.
- 03
The deadlines
Post-conviction petitions have their own time limits and rules about second petitions. We check them before anything else.
Before you ask us to review a case
Can you review a case from many years ago?
Often, yes. Some claims have strict time limits, others turn on when new evidence came to light. We read the file and tell you which apply.
Does a petition get the person out while it's pending?
Rarely. Most people stay in custody while a petition is decided. We say so at the start so no one is surprised.
Who can hire you, the family or the person in custody?
Either can pay for the work, but our client is the person convicted, and decisions about the case are theirs.
Ask us to read the file
Write with the person's name, the court and the year of the conviction. We tell you what we would need to review it, and what that review costs.