Conviction and sentencing may feel like the end of the line, but there are a number of remedies still available. Every convicted person is entitled to an appeal.

This appeal may address any issues with the trial, including with your counsel, the judge, the jury, the jury instructions, or any number of issues. Appeals allege a legal mistake. The appellant has the burden to prove that there was a legal mistake and that legal mistake caused harm to the appellant. An appeal is not the time to introduce new evidence.

A successful appeal may result in a new trial, or a remand to the trial court for a change in sentencing.

The next step post conviction is the writ of habeas corpus. In this process, the petitioner challenges the conviction or the sentence. For instance, a petitioner may allege a violation of petitioner’s rights, constitutional violations (state and federal), argue actual innocence, present new evidence, or ask for a sentence modification. The state writ of habeas corpus may allege federal issues, which may be helpful down the line in a federal writ of habeas corpus.

As the law evolves to reconsider sentencing, evidentiary technology advances, and laws change to make sentencing more equitable, reasons to file a writ of habeas corpus may arise.

I’d be happy to talk through the specific details of your case to discern whether an appeal or writ is a viable option for you. Schedule your free consultation today.