Seeking Justice: How to Overturn a Wrongful Conviction

A wrongful conviction is a terrifying and unfair situation, but it is not the end of a criminal case. There are still options in place to overturn wrongful convictions, and it is important that wrongfully convicted individuals take action. Wrongful convictions are unfortunately common, and may occur due to official misconduct or improper legal counsel.

While the criminal justice system is meant to be impartial, you or a loved one can still be convicted for a crime you did not commit. Overturning and appealing these convictions must be done quickly, and done right. It’s important to understand how it is possible to overturn a wrongful conviction and protect your future.

The Importance of New Evidence Against a Wrongful Conviction

Following a wrongful conviction, it is essential that all relevant evidence is gathered and preserved. This could include financial or medical documents, DNA evidence, photos and videos, witness testimony, and more. This evidence must be thoroughly investigated. Missed evidence or misrepresented evidence can lead to a wrongful conviction, and reviewing this evidence can help prove innocence. If evidence is not saved, this can prevent a successful overturn of the case.

Criminal defense attorneys can fail to provide an adequate defense in many ways. This can include improper investigation of the crime and its evidence, overlooking crucial information and evidence, or failing to present the relevant evidence during a defense trial. These errors can be grounds for an appeal based on inadequate criminal defense.

However, in order for this appeal to be successful, these errors have to be proven. An investigation and an effective appellate attorney are crucial to following through and potentially overturning a wrongful conviction. An appellate court does not consider new evidence but may return the case to trial if crucial evidence was not used in a defense.

Seeking Effective Legal Representation After Wrongful Conviction

Wrongful convictions should be addressed by a skilled attorney who has experience in wrongful convictions and criminal appeals. This is especially true if your conviction occurred due to the failures or inadequate representation by your initial criminal defense attorney. You need a defense team that has the resources and understanding of appeals and the methods of overturning a wrongful conviction.

The Process of a Wrongful Criminal Conviction Appeal

The appeals process exists to help wrongfully convicted defendants get the justice they deserve. It is not a re-trial but a legal route for a defendant and their criminal defense attorney to explain errors during the trial. There may be grounds for an appeal if crucial evidence was ignored, evidence was mishandled, witnesses were misidentified, or there was misconduct in the prosecution or other circumstances.

An appeal must be filed soon after the wrongful conviction. Appellate work is complicated, which is why it is essential that you secure an attorney with experience in criminal appeals. The process of an appeal is as follows:

1. Notice of Appeal

   First, a notice of appeal is filed with the trial court, typically within 30 to 60 days of a final judgment. The notice is not filed with the appellate court.

2. Gathering Evidence and Obtaining Records

   Then, the court record is reviewed. The record includes the clerk’s and court reporter’s transcript. A reporter’s transcript is a transcript of the words spoken during the criminal trial by the witnesses, the prosecution, the defense, and the judge. A clerk’s transcript includes the crucial legal documents that were filed with the court. This may include any written arguments, a final sentence, the charges against you, and other filed information.

   These transcripts must be very carefully reviewed for any errors and are the basis of the appeal case. If the transcripts themselves contain errors, the record needs to be corrected.

3. Briefs and Reply Briefs

   If there are grounds for an appeal discovered in the investigation and review of the transcripts, then a brief will be submitted to the court. A brief is a written state which explains the grounds for the appeal and what errors led to your wrongful conviction. After your attorney files an opening brief, the prosecution will file a respondent brief, which lists why the conviction was correct. Your attorney can then file a reply brief to address these statements.

4. Oral Arguments

   After the briefs are reviewed by the appellate court, oral arguments may be made. Defense and prosecution attorneys will make statements to the court based on the main points outlined in the briefs and answer any questions from the appellate panel.

5. Court’s Decision

   Finally, at a later date, the appellate panel will issue a written decision after reviewing all the relevant information presented to them. The appellate court may confirm the conviction you were sentenced to or agree that a conviction was wrongful. If the decision is in your favor, then the case may return to trial, or the charges may simply be dismissed. If the decision is unfavorable, there are still further options to appeal a wrongful conviction.

How Can Independent Research and Advocacy Organizations Help?

Independent investigation and support from an advocacy organization can provide significant support to your case and your appellate defense attorney. An advocacy organization can help you find legal representation, while providing you with emotional support during a very frustrating case.

These organizations can use their resources to conduct investigations post-conviction of the evidence and uncover any errors that were made in your criminal trial. They can reconsider testimony, talk with expert witnesses, review the evidence on the case, and investigate the police and prosecution. If there are grounds for an appeal after a wrongful conviction, an advocacy organization can help you find it.

The team at NLPA has worked for years in both criminal and civil cases. We provide support to attorneys in appeals cases, helping identify missed evidence or errors that allow for an appeal. Our goal is to support individuals who have been wrongfully convicted.

Protect Your Future After a Wrongful Conviction

A conviction is not the end of a case. If you or a loved one was wrongfully convicted, you need proper legal support and the assistance of skilled analysts and researchers. If an appeal is possible, you need exceptional professionals to work on your case.

NLPA Can Help!

At NLPA, our advocacy organization wants to help you. We believe strongly in legal justice and upholding the rights of those who are wrongfully convicted or are assigned a harsher sentence than is fair. If you have been wrongfully convicted, we can independently investigate your case to determine the methods for overturning the conviction. Speak with our consultants today to see how we can support you.