Post-Conviction Relief Explained: When and How You Can Challenge a Criminal Conviction
A criminal conviction does not always mark the end of the road. While direct appeals are often the first step after being convicted, many people are surprised to learn that there are additional legal options available even after an appeal is denied or the deadline has passed. These options fall under what is known as post-conviction relief. Understanding how post-conviction relief works and when it applies can be critical for anyone seeking to challenge an unjust conviction or sentence.
What is post-conviction relief?
Post-conviction relief is a way for someone who’s already been convicted of a crime to ask the court to take another look at their case–especially if something went wrong that wasn’t caught during the trial or appeal. It’s different from a regular appeal, which usually focuses only on mistakes that should show up clearly in the trial record. Post-conviction issues can be deeper or more hidden, such as new evidence or a serious error that didn’t get noticed in time.
In both Florida and federal courts, there are specific types of motions or petitions people have to file to start this process. Each one comes with strict rules and deadlines, so it’s important to follow the right steps exactly.
Common grounds for post-conviction claims
Not every conviction can be challenged through post-conviction relief. To even get the court to consider it, there usually has to be a serious legal or constitutional issue that may have changed the outcome of the case. It’s not enough to simply disagree with the verdict–you have to show something deeper went wrong. Some of the most common reasons people file for post-conviction relief include:
- Ineffective assistance of counsel — for example, if the defense lawyer didn’t investigate important evidence, failed to call key witnesses, or gave bad advice about a plea deal.
- Newly discovered evidence — something that wasn’t available during the trial and couldn’t have been found earlier, and that could actually change the result.
- Prosecutorial misconduct — like the prosecution hiding evidence that could have helped the defense or allowing false testimony to go unchallenged.
- Juror misconduct — such as a juror having an undisclosed bias or being influenced by things outside the courtroom.
- Unconstitutional sentencing — this might include a sentence that’s harsher than what the law allows, or that violates a person’s constitutional rights.
These kinds of claims aren’t easy to prove. They require strong legal arguments and solid evidence–not just a belief that the jury got it wrong.
Timing and procedural minutes matter
When it comes to post-conviction relief, time really matters. There are strict deadlines in place, and if you miss them, even by a little, you could lose your chance to have the court look at your case again. And it’s not like you get endless tries. Courts usually only allow one good shot at filing, and they’re not quick to accept second or third attempts unless there’s something truly new or urgent.
That’s why it’s so important to get it right the first time.
Talk to a Tallahassee, FL, Criminal Appeals Lawyer Today
Luke Newman, P.A., represents the interests of Tallahassee residents who want to apply for post-conviction relief. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
