Robert L. Sepp | Attorney at Law
Get A Strong Legal Ally
In Your Corner

Legal grounds for post-conviction relief: Understanding your options

On Behalf of | Sep 19, 2024 | Post-Conviction Relief |

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 the balance. Understanding the legal grounds when seeking relief is crucial for anyone looking to overturn a wrongful conviction or reduce an unjust sentence.

Ineffective assistance of counsel: When to break free from counsel

Your confidence in your legal team needs to match their performance. When your lawyer’s performance falls below an acceptable standard, it can directly impact the outcome. Examples include:

  • Failing to investigate critical evidence
  • Not calling key witnesses
  • Providing poor advice on plea deals

Many have successfully challenged their convictions by proving their attorney’s inadequacy. If you believe your lawyer’s mistakes cost you your freedom, this could be grounds to replace them.

Newly discovered evidence: The key to your freedom

Newly discovered evidence can be a game-changer in post-conviction relief. It may be evidence unavailable during the original trial, or perhaps your defense did not find it with reasonable diligence. New evidence can overturn cases if they come to light. If you have discovered new information that could exonerate you, acting quickly and seeking legal assistance is essential to present this evidence effectively.

Constitutional violations and misconduct: Protecting your rights

Constitutional violations and misconduct can severely affect the fairness of your trial. Issues that can act as grounds for post-conviction relief include:

  • Prosecutorial misconduct
  • Improper jury instructions
  • Illegal search and seizure

These violations can give you a chance for a fair trial. Many have successfully challenged their convictions in Portland by highlighting these constitutional breaches. Understanding your options for post-conviction relief is the first step toward reclaiming your life. It would be best if you considered a dedicated legal counsel who will prioritize your concerns and work tirelessly to achieve the best possible outcome for your case.