Anderson Attorneys & Advisors

Call Us630-877-5800Text Us

2150 Manchester Road, Suite 101, Wheaton, IL 60187

Subscribe to this list via RSS Blog posts tagged in post-conviction relief

Wheaton criminal defense and appeals attorney
According to some studies, approximately 10,000 innocent people are convicted every year in the United States. That is why there is a process in place to protect innocent people from human error in the criminal justice system. Post-conviction matters generally refer to the legal process that takes place once a defendant is convicted for a crime after going to trial. If a defendant has been found guilty, he or she can challenge a conviction or sentence. There are different legal actions one can take to protest a guilty verdict, such as filing an appeal or a federal “habeas corpus” proceeding. These matters are usually intended to exonerate the defendant, which means proving he or she is innocent. If you or someone you know is facing a jail sentence after being convicted of a crime, hiring an experienced criminal defense attorney can help you exercise your legal rights by filing an appeal or petitioning for post-conviction relief.

An Appeal Versus a Post-Conviction Petition

Direct appeals are limited to issues contained in the trial court record or the transcripts of the court proceedings. This can also include any documents filed in connection with the case. With a direct appeal, a defendant can only cite errors that are documented in the court record from the trial. If an error cannot be shown in the trial court record, it generally cannot be used in a direct appeal. 

In a petition for habeas corpus, a convicted party can raise doubts about the legality of his or her imprisonment. If the petition shows that the imprisonment warrants investigation, a judge may issue a writ of habeas corpus.

...
Back to Top