What is Post Conviction Relief?
Post conviction relief is a legal term that refers to the process of challenging either the verdict or the sentence in a criminal case that has resulted in conviction. Post conviction relief is not simply an appeal to retry the case based on the same evidence, although a new trial is one potential outcome of an application for relief.
Post conviction relief can take many forms:
- A new trial
- Setting aside or reversal of the conviction
- Modification of the sentence
- Release from prison
It is important to understand that you cannot simply apply for relief without justification. Oklahoma law lays out the conditions under which post conviction relief may be sought:
- If the conviction or sentence violates the Constitution of the United States or the Constitution or other laws of the State of Oklahoma
- If the court did not have proper jurisdiction to administer the sentence
- If the sentence exceeds the maximum punishment that is authorized by law
- If there exists material evidence that was not presented at the initial trial
- If the sentence has expired or you are otherwise unlawfully held in custody
- If there is another administrative, procedural or legal error that may have affected the verdict or sentence
Does My Case Qualify for Post Conviction Relief?
The answer depends on several factors. Not all cases are eligible for appeal.
If we represented you during your initial trial, we will always advise you on any potential avenues of post conviction relief. If you had other counsel or no legal representation at all during the initial trial, we can review your case for errors or other causes for an application of relief.