Getting sentenced and convicted for a crime that you did not commit is distressing. It makes even the most persuasive defendants lose faith. The good news is that you can still get the conviction of a wrongly convicted individual in Gloucester or Deptford, New Jersey, overturned. You can apply for post-conviction relief under rule 3.22 in New Jersey.
A Gloucester NJ post-conviction relief applications attorney works with defendants who suppose that they have been unlawfully convicted in assisting them to get justice. An excellent post-conviction defense attorney in Deptford or Gloucester understands the law and is experienced on how to navigate the legal course of action and can assist you in understanding your options.
A Post-Conviction Relief Application Is Not an Appeal
It is crucial to understand that the post-conviction relief application is different from an appeal. An appeal involves matters concerning the law – either the law was misapplied or incorrectly interpreted. A post-conviction relief application, on the other hand, contends that the state has violated your rights. The other difference between a post-conviction relief application and an appeal is that you must file an appeal immediately after a conviction. In contrast, a post-conviction relief application can be filed up to five years from the conviction date. Most people submit a post-conviction relief application after exhausting their right to appeal.
Justifications for Post-Conviction Relief
The New Jersey Rules of Court 7:10-2 and 3:22 lay out the possible foundations for filing a post-conviction relief application. These foundations are:
- Ineffective help of counsel, including for lack of filing an appeal
- Any basis for filing a habeas corpus petition
- The sentence inflicted by the court exceeds the sentence consented by law
- Lack of jurisdiction over your case by the court
- Denial of your federal or state constitutional rights during your conviction
That might seem straightforward, but it is a very complex legal area that requires in-depth knowledge of court processes, legal standards, and court rules to be victorious.
What Will Happen if You succeed in Applying for Post-Conviction Relief?
When filing for post-conviction relief, you are disputing the judgment executed in your case is wrong, and meaningful modifications are essential to reinstate your rights. After your hearing and careful attention of the evidence presented and the law, the magistrate has the authority to direct the following:
- Modifications of the conditions of your custody
- Realignment Vacation of the judgment of conviction
- Modification of the sentence
- Retirement Reinstatement of your case as if you had never been convicted
- Any other required measures
The best outcome would be the overturning of your conviction, but your case might be reset for trial. You might then become victorious in trial or convince the prosecution to agree to a more satisfactory plea settlement.
How can a Post-Conviction Relief Attorney Help?
If you believe that there was a violation of rights during your conviction, the best thing to do is talk to an experienced Gloucester NJ post-conviction relief application attorney. The initial thing they will do is examine your case to identify rights violations. The attorney will assist you in navigating through the application process and filing the required documents. The filing process is very specific and detailed, and you don’t want to ruin your chance by failing to adhere to the procedures of the court and having your conviction relief dismissed due to that reason.
An attorney can also assist you in formulating the best possible contentions to convince the judge to accept your application and reverse your conviction. That requires experience and comprehensive knowledge of the law to understand the arguments that are most likely to succeed and what makes your case unique.