Steps to Take Post-Conviction
Being convicted of a criminal offense in Maryland can be overwhelming, but it’s crucial to understand that a conviction doesn’t always mark the end of the road. With the proper approach, you can explore various legal avenues to address the consequences of your conviction.
Based in Anne Arundel County, Maryland, Kathleen M. Kirchner, Attorney at Law, is experienced in criminal defense and dedicated to helping individuals understand their rights and options in the post-conviction process.
Post-Conviction Relief
Post-conviction relief refers to the legal processes available to challenge a conviction or sentence after a trial or plea. In Maryland, individuals may seek relief if there are grounds to believe that errors or injustices occurred during their case. This relief can include modifying a sentence, withdrawing a guilty plea, or seeking a new trial.
Here are the steps to take after a conviction with the help of a criminal defense professional:
Step 1: File an Appeal
If you believe there were legal errors during your trial, filing an appeal is often the first step. Appeals focus on whether the court made mistakes in applying the law, admitting evidence, or instructing the jury.
It’s essential to act quickly, as Maryland law imposes strict deadlines for filing appeals. Typically, a notice of appeal must be submitted within 30 days of the conviction.
Appeals aren’t opportunities to introduce new evidence; instead, they focus on the trial record. Your attorney will review transcripts and other documents to identify errors that may have impacted the outcome of your case. The appellate court will then determine whether these errors warrant a reversal or modification of the conviction or sentence.
Step 2: Explore Post-Conviction Petitions
In Maryland, a post-conviction petition allows individuals to challenge their conviction or sentence on grounds not previously raised. Common issues addressed in these petitions include:
Ineffective assistance of counsel: If your defense attorney failed to provide adequate representation, you may have grounds for relief.
Constitutional violations: Claims of violations of your rights under the U.S. Constitution, such as unlawful search and seizure, can be raised.
Newly discovered evidence: Evidence that wasn’t available during your trial and could significantly impact the case.
Post-conviction petitions must be filed within ten years of the conviction, but exceptions may apply in certain situations. Working with a skilled criminal defense attorney can help you determine whether this option is viable.
Step 3: Consider Sentence Modification
Maryland law allows for sentence modifications in specific circumstances. This process involves asking the court to reduce or alter your sentence based on mitigating factors, such as:
Positive behavior while incarcerated
Evidence of rehabilitation
Changes in personal circumstances
A motion for sentence modification must typically be filed within 90 days of sentencing. However, judges have the discretion to consider these requests over time. Sentence reviews aim to provide individuals with an opportunity to demonstrate growth and pursue a second chance.
Step 4: Pursue Expungement or Sealing of Records
For certain convictions, Maryland law permits the expungement or sealing of criminal records. This process removes or limits access to your criminal history, providing significant benefits for employment, housing, and other opportunities.
Eligibility depends on several factors, including the nature of the offense and the time elapsed since the conviction.
Expungement isn’t available for all convictions, but non-conviction records, such as charges that resulted in acquittals or dismissals, may qualify. Consulting with a criminal defense attorney can clarify whether this option is available in your case.
Step 5: Seek Executive Clemency
In Maryland, individuals can apply for executive clemency, which includes pardons and commutations of sentences. A pardon forgives the conviction, while a commutation reduces the sentence. Clemency applications are submitted to the governor, who has the discretion to grant or deny requests.
Clemency is typically reserved for cases where individuals have demonstrated exceptional rehabilitation or where there are compelling humanitarian reasons. While this process can be challenging, it remains an important avenue for those seeking relief beyond the judicial system.
Step 6: Address Collateral Consequences
A conviction can have far-reaching effects on your life, including employment restrictions, loss of professional licenses, and limitations on housing opportunities. Addressing these collateral consequences is an essential part of the post-conviction process and criminal defense. Depending on your circumstances, you may need to:
Apply for rights restoration: This can include restoring voting rights or firearm privileges.
Seek a certificate of rehabilitation: These certificates can help demonstrate your commitment to becoming a law-abiding citizen.
Challenge the application of collateral sanctions: In some cases, legal action may be necessary to address these penalties.
Step 7: Stay Informed About Legal Changes
Maryland’s laws and policies regarding criminal justice are continually evolving. Staying informed about legislative changes, court rulings, and policy updates can open new doors for relief. For example, changes in sentencing laws or the decriminalization of certain offenses may provide opportunities for reduced penalties or expungement.
Kathleen M. Kirchner, Attorney at Law, stays abreast of developments in criminal defense to help clients pursue justice even after a conviction.
Step 8: File a Motion to Correct an Illegal Sentence
If your sentence doesn’t align with Maryland law, you can file a motion to correct an illegal sentence. This motion isn’t restricted by time limits and can be filed at any point.
Examples of illegal sentences include those that exceed the statutory maximum or fail to credit time served. A successful motion can result in a corrected sentence that complies with legal standards.
Step 9: Request a Writ of Habeas Corpus
A writ of habeas corpus challenges the legality of your detention. This legal action can be used in criminal defense and asserts that your incarceration violates constitutional or statutory rights.
While this is a federal remedy, it may also be pursued in Maryland courts. Habeas corpus petitions often address unlawful detentions, ineffective counsel, or lack of jurisdiction.
Step 10: Petition for DNA Testing
Advancements in forensic science have allowed individuals to revisit convictions based on outdated or inconclusive evidence. Maryland permits petitions for post-conviction DNA testing when such evidence could alter the outcome of a case. This option is particularly relevant for cases involving serious crimes like homicide or sexual assault.
Step 11: Submit a Motion for a New Trial
If new evidence surfaces after a conviction, you may file a motion for a new trial. Maryland law permits this remedy under specific conditions, such as newly discovered evidence that couldn’t have been presented during the original trial. Timeliness is critical, and a criminal defense attorney can assist in preparing and filing this motion.
Step 12: Engage in Rehabilitation Programs
Participation in rehabilitation programs during incarceration can demonstrate your commitment to personal growth. Many Maryland facilities offer programs focused on education, substance abuse treatment, and vocational training. Completing such programs can support your case for sentence reduction, parole, or clemency.
Step 13: Seek Judicial Review of Sentence
Maryland law allows for judicial review of certain sentences by a criminal defense lawyer. This process enables a judge to reexamine the original sentence and potentially modify it. Judicial reviews are particularly useful for long-term sentences where significant time has passed, and circumstances have changed.
Why You Need an Experienced Attorney
Kathleen M. Kirchner, Attorney at Law, is committed to helping clients explore all available options and protect their rights throughout the process. She is proud to serve Anne Arundel County, Maryland, as well as the surrounding areas of Queen Anne's County, Calvert County, Prince George's County, and Howard County.
Contact Attorney Kirchner today for qualified legal representation.