Defendants who enter guilty pleas or got convicted after a trial can appeal if an error of law occurred. If an appeal is unsuccessful or a defendant does not appeal in the limited window of opportunity to do so, then they may have the option of requesting post-conviction relief.
Post-conviction relief can reduce the sentence or even help limit the release of a criminal record to other parties. Defendants requesting post-conviction relief generally need to establish that there was something unfair about their original trial or the appeals process.
Those who did not receive adequate legal representation from a defense lawyer could be eligible for post-conviction relief, and a significant conflict of interest could provide the basis for a request.
What is a conflict of interest?
A conflict of interest occurs when a professional cannot be neutral or fulfill their responsibilities due to pre-existing relationships or personal circumstances. Defense attorneys need to provide accurate legal information to their clients and represent them to the best of their capabilities.
If a defense attorney has a private relationship with one of the alleged victims of a crime, that is a profound conflict of interest. Similarly, if they or someone close to them was a victim of a similar crime, they may not be able to adequately defend people facing specific types of charges. Other relationships, experiences and even financial interests can also compromise a lawyer’s ability to advise and advocate for a criminal defendant or appellant.
Convicted defendants with documentation of a problematic conflict of interest might be eligible to request post-conviction relief. Reviewing the circumstances of the original trial or appeal with an attorney can help people evaluate their options.