A person convicted of a crime can file with the criminal division manager’s office in the county in which the conviction took place a petition for post conviction relief under certain grounds. A petition is cognizable when:
- There has been a substantial denial of the convicted’s constitutional rights.
- The convicting court lacked jurisdiction to impose the judgment rendered.
- A sentence was imposed in excess of or otherwise not in accordance with the law.
- Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or statutory remedy.
All defendants have a constitutional right to effective assistance of counsel. If the convicted person’s attorney did not provide adequate, constitutionally effective legal representation then he or she may be able to overturn the conviction.
An attorney has the responsibility to investigate the charges against the defendant, to provide sound legal advice, to visit with and communicate with the client, to advise the client of the consequences of any plea bargain entered into by the client and to overall act within the professional norms of the industry.
If the convicted’s attorney did not do these things or otherwise acted outside of professional norms, he or she may be entitled to relief through an overturned guilty verdict or even vacating a guilty plea.
Contact the Buerkle Law Firm to discuss your chances at receiving post-conviction relief.