The Sixth Amendment guarantees the right to effective legal representation in criminal cases. This means more than just having a lawyer present – the lawyer must provide a meaningful and competent defense. However, what happens when their performance is so poor that...
A criminal conviction is not always the final word. Even after a trial and a direct appeal, the legal system offers those convicted of a crime a way to address serious errors that might have violated their rights. This process is called post-conviction relief (PCR)....
Understanding the legal options available after a conviction can be complex, and you might wonder how to challenge the conviction. Two possible options are direct appeals and post-conviction relief. But what is the difference between these options, and which one could...
Habeas corpus is a legal concept with deep historical roots, dating back to ancient English common law. It originally served as protection against unlawful imprisonment by the government. Today, it refers to a process that allows federal courts to review convictions...
No, the seriousness of a crime does not directly affect whether someone can seek post-conviction relief (PCR). This means that people convicted of more serious crimes like murder and armed robbery have the same right to seek PCR as those convicted of less severe ones,...
If you waive your Miranda rights, you agree to talk to police without an attorney present. However, this does not give them the complete freedom to coerce or manipulate you into making confessions or statements that can get you into trouble. Even after a conviction,...
A conviction should never be treated as the end of the road for any person. For those guilty of a crime, it merely seeks to rehabilitate an individual and make them understand the gravity of their offense. However, if someone is wrongfully convicted, measures are in...
Post-conviction relief is a legal process that allows a convicted individual to challenge their conviction after all their direct appeals have been exhausted. Facing something complex like post-conviction relief can be stressful, especially when your future hangs in...
Imagine being stuck behind bars for a crime you didn't commit or one that you feel you didn't deserve to be punished so harshly for. If you're facing this problem, you're probably wondering if there's any way to get a second chance. In this blog, we'll explain why a...
Post-conviction relief (PCR) is a legal process that lets people challenge their convictions or sentences. This process helps fix mistakes or constitutional violations that the trial or appeal did not address. For noncitizens facing deportation because of a...