Do You Need a Post-Conviction Attorney in Maryland?
After you are convicted or pled guilty to a crime and are certain that your sentence is unfair and unbiased, you may contest the ruling in a post-conviction case. These cases will help you prove that the judge or jury may have made a mistake. The US criminal justice system allows a defendant to contest a conviction by filing a claim known as a federal or state habeas corpus case.
Post-conviction hearings typically take place after an appeal has been decided. Despite this, no one is necessarily barred from seeking post-conviction relief just because they failed to appeal after their conviction.
Importance of a Post-conviction Hearing in Maryland
A post-conviction petition can be filed by a person who has been convicted of a crime and is incarcerated, on parole, or on probation in Maryland. You must file the petition within ten years of the date on which you were convicted or pleaded guilty during your initial trial.
It is most common that clients claim that they did not have effective assistance of counsel during trials, sentencing, post-sentencing proceedings, or in a case involving a guilty plea or probation violation. Other possible allegations include an involuntary plea, prosecutorial misconduct, etc. Numerous remedies are available, including a new trial, a new sentence, a correction of the sentence, and permission to file a belate post-trial motion.
What Is Maryland Post Conviction Relief?
A Maryland post-conviction relief is a legal procedure where a criminal defendant is permitted to contest the original trial’s outcome. You can pursue post-conviction relief claims even if you have not appealed the matter.
There are several grounds under which you can file a post-conviction petition claim in Maryland State:
- The initial circuit court lacked jurisdiction to hear the case.
- There were legal errors in the sentencing.
- The conviction or the proceedings violated the US Constitution or that of the state.
- There were mistakes with the evidence provided during the initial sentencing.
- Other illegal acts like the jury or attorney’s performance may have been biased.
Possible Outcomes of a Post-Conviction Hearing
During the original hearing, some errors and mistakes may have led to wrongful convictions. A skilled Maryland expungement lawyer will fight for a reduced sentence or have your case dismissed based on the evidence and testimony during these proceedings.
In most post-conviction petitions, the outcome may be as follows:
- The conviction may be reversed and may result in a new trial.
- The judge may issue the defendant a new sentence
- The sentence may be reduced
- The defendant may be permitted to file overdue post-trial motions.
- The case may be expunged.
Commonly Asked Questions
What Is the Most Common Type of Post-Conviction Relief?
Post-conviction petitions are typically filed when a petitioner claims an involuntary guilty plea was the result of prosecutorial misconduct. It is also possible that they will claim that their initial counsel failed to provide effective assistance during sentencing or even after they pleaded guilty.
Contact Our MD Criminal Defense Lawyers
Being accused of a crime can be terrifying. An imperfect justice system has placed a target on your back, and you’re left to jump through hoops while somebody else chooses your fate.
With our Maryland team on your side, you can rest assured that your future lies in good hands. Our Maryland criminal defense lawyers understand how to even the chances when it feels like it’s you against the world. Contact us today to schedule a confidential case assessment and discover how we can make justice work for you rather than against you.