Criminal lawyers consider many factors in filling an appeal and post-conviction relief remedies. Different states have different laws regarding the number of days that you can file an appeal or years that you must have a clean record before applying for post-conviction relief. Some states have anywhere from 7 to 60 days to file an appeal. Usually it’s between one to five years before you can apply for post-conviction relief.
When filing for a post-conviction relief remedy, a criminal lawyer can best demonstrate that you are completely rehabilitated and are not likely to commit another crime. A criminal lawyer may even be able to get the conviction erased with an absolute pardon. A pardon is also called a clemency. Depending on your individual case, a criminal lawyer can also seek a conditional pardon, which means the crime is excused. Know that the appeal process can take a month or even a year, even by the best criminal lawyers. There are deadlines, court procedures, and legal papers that criminal lawyers have to file, though each state has different rules and requirements.
Criminal lawyers who work in all states also know the unique characteristics of the judges and their individual preferences and what they want to see. Criminal lawyers also know that there are other considerations a judge will consider, such as, is the person contributing to society in some way. Criminal lawyers show a positive contribution to society by a person in many ways, like holding a long-term job, volunteering in a non-profit organization, improving education with classes or enrolling in a college or university and more.
TOP FACTORS FOR A SUCCESSFUL APPEAL OR POST-CONVICTION RELIEF
- New facts showing the defendant cannot be found guilty beyond a reasonable doubt
- New interpretation/perspective of facts that ideally includes newly discovered evidence
- Completion of confinement or probation
- All fines are paid
- No other arrests or convictions (besides traffic violations) have occurred
- Significant changes to laws regarding your conviction, especially sentencing laws, or new court rulings.
- If you were not convicted or found guilty, fingerprints , photographs and DNA evidence may be removed from your record. A record of arrest may also be removed if the charge was non-violent or serious. Most arrests not resulting in a conviction can be removed from your record in most states.
Persons with federal convictions can apply for a pardon, which is extremely hard to get. From the time Obama started his presidency only 39 pardons have been given. A federal lawyer can assist you with a federal pardon.
There are many types of appeals or motions a criminal lawyer can use strategically to benefit your case. The way in which a criminal lawyer files an appeal or motion depends much on the individual characteristics of your case, state laws, recent court rulings, the judge and much more. Only experienced criminal lawyers can best assess your unique case and determine which is the best route to take.
There are also many different post-conviction remedies that can be taken to change or remove all criminal spots from your record. A criminal lawyer specializing in post-conviction remedies and appeals can assess the best route to take, which will depend on many factors. Speak to a top lawyer now, and call 855-LAW-PRO1 (855-529-7761) if you need expert help.
