Why Would I Want to File For Post-Conviction Relief Instead of an Appeal?

attorney writing across from a person with handcuffs on

If you or a loved one are convicted of a crime, you may be concerned about the next steps — especially if you believe the ruling is unfair. You may consider an appeal, but for some, an appeal would confirm the court’s ruling or would not be adequate to challenge the convicted person’s guilt.

Our post-conviction relief attorneys at Harwell Legal Counsel LLC share why a post-conviction relief case can benefit some compared to an appeal.

To Bring in New Evidence

Unlike an appeal where the case is heard again with no new additions, a post-conviction relief case can bring in new evidence that would challenge the convicted client’s guilt. If you believe there is evidence that was not originally heard in your initial case, your attorney can present it to the court for consideration.

New evidence would include:

  • Security camera recordings of the crime
  • Financial statements
  • DNA sampling
  • Or any other documentation that would challenge the guilt of the client

If you believe there is new evidence that can support your case, contact a post-conviction relief attorney.

If You Had Unsatisfactory Representation from Prior Counsel

If you believe that the attorney representing you in your original case did not advocate for you to the best of their abilities, you may be able to file a post-conviction relief. You will need proof that there was evidence in the prior case to absolve your guilt, that evidence was not properly submitted, or that your former representation did not effectively argue your case in court.

The Court Did Not Have Proper Jurisdiction to Hear the Case

If your initial hearing was in a court that was not in the correct jurisdiction for the case, you may file for post-conviction relief as the initial hearings were not lawfully conducted. With the help of your post-conviction relief attorney, you can argue the correct jurisdiction was a different court to benefit your past conviction.

Indianapolis Post-Conviction Relief Attorneys

The wrongful conviction of a crime can be a difficult time for you and your loved ones. If you believe that we can challenge the court’s ruling based on new evidence or errors, our attorneys at Harwell Legal Counsel LLC can guide you through the post-conviction relief process.

Did you or a loved one get convicted of a crime that you believe is eligible for a post-conviction relief case? Call us at (317) 401-8715 or contact us online to schedule a free consultation to learn more about how we can serve you.

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