Post-Conviction Attorney in Charlottesville, Virginia
What Are My Options After I Have Been Convicted at Trial?
If you've been convicted of a crime, you can still fight to protect your freedom. If your constitutional rights to counsel were violated or the government did not turn over exculpatory evidence, your conviction may be thrown out. Habeas cases are difficult to win, but Bryan can help you ascertain your chances for success. Unfortunately, for many, a habeas petition is the last chance to get a fair trial and prove their innocence.
What Is Habeas Corpus?
A habeas corpus petition is a way to argue that you are being detained illegally. Most habeas petitions are filed after you've been convicted of a crime, but you can file a habeas petition anytime you are being detained. Habeas petitions are very different from an appeal. When you appeal your conviction, you argue that the judge made a legal error at your trial. When you file a habeas petition, you are arguing that your rights were violated by someone--it could be the police, the prosecutor, or your own attorney.
Are Habeas Cases Easy to Win?
No. Habeas corpus petitions are very difficult to win. In addition, you are not entitled to have court appointed counsel on a habeas petition, unless you were convicted of capital murder and sentenced to death. That means you will have to hire an attorney or handle the petition pro se.
For more information on Habeas Corpus, click on the following links:
How do I know if my lawyer violated my Constitutional rights?
Do I need an attorney to help me draft a habeas corpus petition?
Pardons
Pardons are a way to have your sentence reduced or your conviction thrown out. Pardons are filed with the Governor of Virginia and investigated by the parole board. There are no deadlines for filing a pardon, except that you can only file one at a time and if you are denied, you must wait a certain period of time before you can file again.