Post Conviction Appeal to Pursue Justice

Sometimes even when the facts are laid out and a trial is completed the results are not what one would like to hear. Often a person is found guilty of a crime whether they did it or not. Other times one must concede the point that while perhaps they did have some culpability they feel their punishment was incredibly severe. In situations where a sentence has come down it is easy to give up hope. That is not necessary or even a good idea because there are always options for a post conviction appeal.

In a post conviction appeal a higher court will hear the case and determine whether or not the sentence stands or if perhaps the whole thing should be thrown out. If the latter happens a person may be freed but it can take a long time to get to that point. There are a lot of things to consider and be aware of so that the process does not become overwhelming and a prisoner does not become discouraged.

First of all while pursuing the post conviction appeal it is going to be necessary to begin serving the sentence the original court hands down. That can often mean years spent in prison awaiting a higher courts decision to even hear the case that is at issue. Even if they do decide that it is worth review the process is very long and very expensive. Granted, no price is too high to pay for freedom but it is worth taking a hard look at the situation and being brutally honest about the chances of success.

For some people the fact remains that they plead guilty to a charge. Sometimes after taking a bargain from the prosecutor or upon reflection a person realizes that they are unfairly facing punishment. For a post conviction appeal this is a major hurdle. It is not impossible but it is going to take a great lawyer and a very compassionate judge to have a chance of turning something like that around.

In any post conviction appeal it is critical that the accused and an experienced attorney sit down and get down to brass tacks. It can be demoralizing to spend the years going through this process only to be disappointed and so it is not something to be undertaken lightly. In some rare instances upon review the appellate court actually decides that the original sentence was too lenient and may increase it rather than reduce it.

Being found guilty does not need to be the end of the road for a person trying to secure their freedom. There are options and there are experts available to help a prisoner pursue them but it is a seriously challenging situation requiring patience and a knowledgeable attorney.