How Difficult Is It to Win a Post-Conviction Relief Motion?

lawyer and client shaking hands

If you have been convicted of a crime, you may be wondering if there is anything you can do to get relief. The good news is that post-conviction relief motions are available in Indiana, and they can often be successful, especially with an experienced attorney by your side. At Harwell Legal Counsel LLC, we have helped many clients obtain post-conviction relief, and we are confident we can help you too.

What is Post-Conviction Relief?

Post-conviction relief is obtained through a successful motion made by your attorney.

To motion for post-conviction relief, your legal team will need to prove one of the following reasons:

  • new evidence that challenges guilt,
  • ineffective counsel,
  • perjury,
  • there was juror bias, or
  • the law was incorrectly followed in your case.

If your attorney can prove one of these five items, they can motion for post-conviction relief for your case.

The Difficulty of Obtaining Post-Conviction Relief

Due to their highly unique and rare nature, it can be difficult to determine if you are eligible to motion for post-conviction relief. An attorney experienced in post-conviction relief cases can help you determine if you can file for this motion.

Post-conviction relief motions are not easy to win. To succeed in your motion, you must show that there was some error in your original trial that resulted in your conviction. During the court hearing for your motion, you must prove, beyond a reasonable doubt, that this error actually occurred. This can often be difficult, but with an experienced post-conviction relief attorney representing you, this process can help you and your loved ones.

What Happens if You Win a Post-Conviction Relief Motion?

If you win your post-conviction relief motion, the court will either vacate your conviction or grant you a new trial. This means that you will either be found not guilty or given the opportunity to have a new trial with a different outcome. If you are granted a new trial, the court may also order that certain evidence be excluded from your new trial. This can often be helpful in ensuring a more favorable outcome.

Experienced Indianapolis Post-Conviction Relief Attorneys

The post-conviction relief process can be difficult, but with the help of an experienced attorney, you can give yourself the best chance at success. The attorneys at Harwell Legal Counsel LLC have helped many clients obtain post-conviction relief, and we can help you fight for your freedom.

Call us today at (317) 401-8715 to schedule a free consultation. We will review your case and help you determine the best course of action.

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