post conviction relief cleveland oh

If you, or someone you love, has been convicted of a crime, you may still have recourse to protect your future, freedom, and rights. Oftentimes, the post-conviction work is even more important than the original trial, because it is your last chance. When attempting post-conviction relief, an attorney is necessary. Whether requesting a mitigation of sentence, an appeal of a trial, or even a wrongful conviction habeas corpus action, CORRIGAN LAW OHIO, is able to help you.

Probation Violations: If you have been convicted of a crime, and placed on probation, chances are you already have had an attorney do a great job for you. But, if you are in violation of your probation, the stakes are often higher than they were to begin with. If you are in violation of your probation, the judge has the option and ability to send you to prison or jail for the original sentence. Sometimes the original sentence can be a number of days; sometimes, it can even be decades. In either situation, a skilled attorney will highlight your positive aspects and advocate for continued services through a probation department.

​Mitigation of Sentence: If you have been sentenced to a term of probation, or to a term of local incarceration in a county jail, an attorney may still be able to decrease the penalties that you face. If you are in jail, and have served a portion of your sentence, Corrigan Law Ohio can help you by communicating with the court in order to ask that you be released early. If you have been sentenced to a term of probation, and have substantially complied, a skilled attorney may be able to as the court to terminate your probation early. Both of these mitigations require attention to detail and a level of care that CORRIGAN LAW OHIO can provide.

Appeals: There are many circumstances in which you may which to file an appeal. An appeal can always be filed after a trial, and can often be filed following a plea and sentence. An appeal is not an opportunity to retry your criminal case, but is a comprehensive review of the record of the criminal matter in order to determine whether or not the trial court, or trial counsel made errors. These errors are written into an appellate brief and argued before a panel of three judges. This is often the most important aspect of a case and should be treated with the highest amount of care.

Habeas Corpus: If you believe you have been wrongfully incarcerated or convicted, you are going to need a dedicated, competent and determined lawyer to fight for you. These matters involve briefing, investigating, and requesting a new trial.

Judicial Release: Most people think that if you and do not have an appealable issue, you will be in prison for the entire term of incarceration. That is not always correct. In Ohio, certain offenders and offenses may be eligible for what is commonly called judicial release. Judicial release is a manner through which the judge may order an early termination of the prison term, and place the offender on probation. This process begins by filing a motion to the court. Any time you are sentenced to a mandatory term of incarceration, the entire term of mandatory time must be served. You may be eligible for judicial release after the mandatory term has been served. If your non-mandatory term of incarceration is less than twenty-four (24) months, you may apply for judicial release after thirty (30) days. If your non-mandatory term of incarceration is more than twenty-four (24) months, but less than five (5) years, you may apply for judicial release after you have served one hundred and eighty (180) days. If your non-mandatory term of incarceration is five (5) years, you may apply for judicial release after serving four (4) years. If your non-mandatory term of incarceration is between five (5) and ten (10) years, you may apply for judicial release after five (5) years. If you are serving mandatory time, you must wait until your mandatory time expires, then apply the above guidelines. If you are sentenced to more than ten (10) years of prison, you may apply for judicial release at the later of either half your stated prison term, or five (5) years after you finish serving your mandatory sentence. Applying for judicial release is extremely important and can reunite you with your family in a much shorter period of time-- do not attempt to achieve a judicial release without an attorney at your side.

Petition for Post-Conviction Relief: After a trial is over, and an appeal is filed there are still other ways to continue fighting your case. While an appeal focuses on what was on the record, a petition for post-conviction relief is your opportunity to tell the judge facts, witness statements, and other pertinent information that did not make it into the record. Your trial court judge then can decide whether this other information, if properly used, would have changed the outcome. This type of petition must be filed within one year of the record being filed in the appellate court, so time is of the essence in this sort of matter. This sort of filing is important, because when your loved one is locked up, it is important to leave no stone unturned in bringing them home.