Being wrongfully convicted of a crime is a distressing and life-altering situation, but there are legal avenues available to challenge and possibly overturn the conviction. Below are the options you can pursue if you are wrongfully convicted of a crime, including actions you can take and potential legal remedies available.
1. Appeal the Conviction
The first and most common step after a wrongful conviction is to appeal the case to a higher court. An appeal is a request for a higher court to review the lower court’s decision, typically on the grounds that there was an error in the legal process, such as improper jury instructions, a flawed trial procedure, or the introduction of inadmissible evidence.
- What You Should Do:
- Consult with a criminal appeals attorney as soon as possible. They specialize in challenging convictions and can review the trial record to identify potential errors.
- File an appeal: In most cases, you have a limited time window (usually 30 days) to file an appeal, so it’s crucial to act quickly.
- The appellate court can either affirm the conviction, reverse the conviction, or remand the case for a new trial.
2. Post-Conviction Relief
If you are unable to appeal your conviction, or if the appeal fails, you may still have the option to seek post-conviction relief. This is a legal process that allows you to challenge your conviction after the appeal process is exhausted. This may involve presenting new evidence, claiming ineffective assistance of counsel, or raising constitutional violations that were not previously addressed.
- What You Should Do:
- Work with your lawyer to file a motion for post-conviction relief. You can argue that there were significant legal errors in the trial or that new evidence has come to light that can prove your innocence.
- New evidence such as DNA testing, witness recantations, or previously unavailable evidence may be grounds for post-conviction relief.
3. File for a New Trial
If new evidence surfaces after your conviction, it may be grounds to request a new trial. For example, if there is newly discovered DNA evidence, new witness testimony, or other critical evidence that can prove your innocence, you may be able to have your conviction overturned and be granted a new trial.
- What You Should Do:
- Gather new evidence that directly exonerates you, such as DNA testing or a credible witness who can testify on your behalf.
- Work with your lawyer to file a motion for a new trial. Courts are usually open to granting new trials when the new evidence is compelling enough to create a reasonable doubt about your guilt.
4. Seek a Pardon or Commutation
In some cases, you may be able to seek a pardon or commutation from the state or federal government. A pardon is a formal act of forgiveness from the government, which can absolve you of the conviction and restore your rights, while a commutation reduces your sentence, but does not overturn the conviction itself.
- What You Should Do:
- Apply for a pardon: You may need to demonstrate your innocence, show evidence of good conduct since your conviction, or prove that your conviction was unjust.
- Consult with a clemency attorney: They can help you understand the pardon process and guide you through the petition.
- While a pardon can clear your record, a commutation may simply shorten your sentence.
5. File a Lawsuit for Wrongful Conviction
In some cases, you may be able to file a civil lawsuit against the state or local government for wrongful conviction. This can be a long and challenging process, but it may result in compensation for the harm caused by the wrongful conviction. Many jurisdictions allow for compensation if you can prove that you were wrongfully convicted due to negligence, misconduct, or an error in the judicial process.
- What You Should Do:
- Consult a civil rights attorney: They can help you determine whether you have a valid claim for wrongful conviction and advise you on the process.
- In the lawsuit, you may seek compensation for damages, including lost wages, emotional distress, and legal fees, among other damages.
- Proving malicious prosecution or government misconduct is often necessary for such a lawsuit.
6. Work with Advocacy and Innocence Organizations
Several non-profit organizations work to help people who have been wrongfully convicted, such as the Innocence Project or The National Innocence Network. These organizations work to provide legal assistance, conduct DNA testing, and help overturn wrongful convictions.
- What You Should Do:
- Contact organizations like the Innocence Project, which specialize in advocating for those wrongfully convicted.
- These organizations may be able to assist with proving innocence through DNA testing, finding new evidence, or taking the case to higher courts for review.
7. Pursue a Motion for DNA Testing
If your case involves any physical evidence (e.g., hair, blood, or semen), you may request DNA testing. Modern DNA testing methods can prove that you were not the person who committed the crime, especially if new technology has become available since your conviction.
- What You Should Do:
- If DNA evidence was not previously tested, request that the court order DNA testing. If the testing proves your innocence, it could result in the dismissal of the charges or a new trial.
- Consult with a DNA expert to understand the best way to proceed with obtaining and testing the evidence.
8. Stay Informed of Legal Developments
Stay informed about developments in criminal justice reform, wrongful conviction cases, and legal precedents that could support your case. Sometimes, broader changes in the law or legal decisions can open new doors for overturning convictions.
- What You Should Do:
- Stay in touch with your attorney and keep an eye on legal precedents that may be relevant to your case.
- Join legal forums or support groups for individuals who have been wrongfully convicted to learn from their experiences and gather useful resources.
