A person convicted of a criminal offense might believe he or she has exhausted all options for justice. However, several avenues still exist for a charged person to argue the merits of a case.
A successful legal case after a conviction can lead to a reduced sentence and even dismissal.
Grounds for relief
According to information from the American Bar Association, a postconviction legal strategy should cover sufficient grounds to achieve relief. This might include an argument that the conviction came under a law that violated the U.S. Constitution or a state constitution. Similarly, a conviction that involved a constitutionally protected action could also qualify for relief.
Sometimes procedural matters could make a case eligible for postconviction relief. This might involve a court that did not have jurisdiction over the criminal activity or over the person charged with the crime. Also, a sentence that exceeded what the law allows for a particular crime could lead to relief in an appeal.
Evidence for a new trial
Since criminal defense calls for the introduction of all relevant and exculpatory evidence, a conviction that fails to meet this standard could lead to additional legal action. Material facts that failed to make it into the court proceeding could provide sufficient grounds to void the sentence and the conviction.
This might result in a new trial or could lead to the complete dismissal of charges. This evidence could involve new information coming to light that was not available at the time of the conviction.
A person unfairly convicted of a crime should not abandon hope. Many legal strategies exist to provide relief.