Erath County Post-Conviction Lawyer
Also Serving Clients in Hood County, Texas
A criminal conviction can have severe and even lifelong consequences. Aside from the legal penalties, such as fines, incarceration, and probation, individuals convicted of a crime can face social, career, and educational barriers that can severely impact their lives.
A permanent criminal record is easily accessible for anyone who seeks to find out about it. Potential employers, landlords, educational institutions, professional licensing agencies, and others doing routine background checks can use this information against you.
However, post-conviction actions, such as expungement, can remove these barriers, allowing you to improve your chances for a brighter future. Post-conviction legal services are a critical component of the judicial system, also providing hope to those who may have been wrongfully convicted, received excessive sentences, or were victims of legal missteps.
At the Law Offices of Landon Northcutt, we provide experienced legal representation to Texans seeking post-conviction actions. Our firm is dedicated to handling your case with the utmost care and support.
Discuss your case in a free initial consultation with our Erath County post-conviction attorney by contacting us at (254) 355-4654. We also serve clients in Hood County, Stephenville, Granbury, Somervell County, Comanche County, Parker County, and Eastland County.
The Importance of Post-Conviction Actions
The importance of post-conviction actions stems from the principle that the justice system is fallible while striving for fairness. Unfortunately, mistakes are made. Post-conviction relief offers a mechanism to address miscarriages of justice.
When new evidence surfaces, or it becomes apparent that an individual's rights were compromised during a trial, post-conviction legal services become indispensable.
Apart from the human perspective, practical benefits can occur. For individuals who have served their time and are rehabilitated, these services offer a path to reintegration into society. For instance, the expungement of a record opens doors to employment, housing, and educational opportunities that would otherwise be closed.
Types of Post-Conviction Actions
Various actions can be taken for individuals convicted of crimes in Texas.
These can include:
- Filing appeals: Challenging the conviction or sentence based on procedural or legal errors during the trial.
- Writ of Habeas Corpus: Arguing unlawful detention, often related to constitutional rights violations.
- Motion for a new trial: Requesting another trial based on new evidence or juror misconduct.
- Sentence modifications: Seeking a reduction or alteration of the original sentence imposed.
- Commutation of sentence: Applying to have the sentence reduced by the executive branch.
- Pardon petition: Requesting the governor or the president for a pardon, absolving the individual of the crime.
- Expungement and record sealing: Petitioning to have criminal records expunged or sealed from the public.
Appeals: Challenging a Conviction
In Texas, one of the primary forms of post-conviction relief is an appeal. An appeal allows a defendant to challenge the conviction or sentence based on legal errors that occurred during the trial. While appeals are often difficult to win, they provide an essential safeguard for individuals who believe their trial was flawed.
Common grounds for an appeal include:
- Errors in Jury Instructions: If the jury was given incorrect instructions on how to interpret the law or assess evidence, this could be grounds for an appeal.
- Improper Admission or Exclusion of Evidence: If evidence was admitted that should have been excluded or if evidence that could have been helpful was wrongfully excluded, it may form the basis for an appeal.
- Ineffective Assistance of Counsel: If your defense attorney failed to provide adequate representation, leading to a conviction, you may have grounds for an appeal based on ineffective assistance of counsel.
- Juror Misconduct: If a juror behaved improperly during the trial, such as engaging in outside communication about the case or showing bias, this could impact the fairness of the trial and be grounds for an appeal.
- Procedural Errors: Procedural errors during trial, such as improper questioning of witnesses or violations of the defendant’s rights, may justify an appeal.
Appeals in Texas are usually filed with an appellate court and must be completed within a strict timeframe after the conviction. An experienced Erath County post-conviction attorney can assess the details of your case to determine whether an appeal is appropriate and guide you through the process.
Writ of Habeas Corpus: Challenging a Conviction After Appeal
For individuals who have exhausted their appeal options, a writ of habeas corpus may offer another avenue for post-conviction relief. Habeas corpus is a legal procedure used to challenge a conviction on the grounds that the defendant's constitutional rights were violated during the trial process.
In Texas, a writ of habeas corpus can be filed if new evidence arises, if there was ineffective assistance of counsel, or if there was a fundamental constitutional error in the conviction. The writ of habeas corpus does not review the trial itself, but instead looks at the legal basis for the conviction.
Filing a writ of habeas corpus is often a complex process, requiring a clear understanding of constitutional law. A skilled Erath County post-conviction attorney can help you evaluate whether filing a habeas corpus petition is in your best interest.
Motions for New Trials: Revisiting Your Case
Another post-conviction remedy available to defendants is the motion for a new trial. This motion is typically filed when a defendant believes that significant errors were made during the trial process, and those errors impacted the fairness of the trial or the final verdict.
Some of the reasons you may file a motion for a new trial include:
- Discovery of New Evidence: If new evidence is found that was not available during the trial, it may be grounds for requesting a new trial.
- Witness Misconduct: If a witness engaged in misconduct during the trial, such as perjury or withholding crucial information, this could justify a new trial.
- Legal Errors: If legal errors occurred during the trial, such as jury instructions that were not consistent with the law or improper rulings made by the judge, a motion for a new trial may be filed.
Motions for new trials must typically be filed within 30 days of the conviction in Texas. However, this timeline may vary depending on the specifics of your case. A seasoned Erath County post-conviction lawyer can assess the facts of your case and determine if filing a motion for a new trial is appropriate.
Post-Conviction Sentencing Modifications
In some cases, individuals may be able to seek a modification of their sentence after conviction. This may involve reducing the length of a prison sentence or seeking a lesser sentence altogether.
Modifications to sentences are more likely to be granted in certain situations, such as:
- Good Behavior: If the defendant has demonstrated good behavior while incarcerated, a judge may consider modifying the sentence.
- Changes in Law: If a change in the law occurs that would have affected the sentencing of the defendant, a motion to modify the sentence may be appropriate.
- Post-Conviction Programs: If the defendant successfully completes rehabilitation programs or demonstrates progress in addressing the issues that led to the conviction, the sentence may be modified.
An experienced Erath County post-conviction attorney can evaluate your case and work with you to request a sentence modification based on these or other factors.
Seeking Expungement
An expungement is a critical form of post-conviction relief that legally deletes a criminal matter from an individual's record. This erasure is pivotal as it allows you to proceed without the stigma of a criminal past; it's as if the conviction never occurred.
Achieving expungement typically involves filing a petition with the court, where your criminal records are reviewed, and a decision is made based on state laws and the nature of the crime.
In Texas, not all individuals are eligible for expungement. Generally, expungement is available to:
- Individuals who were arrested but never charged.
- Individuals who were charged but the charges were dismissed.
- Individuals who were acquitted of charges by a jury or appellate court.
- Individuals who were convicted of a crime but later found to be innocent.
- Individuals who completed deferred adjudication for certain types of misdemeanors.
The path to expungement can be complex, requiring a comprehensive understanding of the laws and a compelling argument that the individual deserves this relief. For someone striving to move past their conviction, professional legal knowledge and skill are indispensable in navigating this process.
Turn to the Law Offices of Landon Northcutt for Experienced Help
Our firm is committed to giving Texans with criminal records the chance to rebuild their lives with a clean slate. We can review your case to determine if you are eligible for expungement or any other type of post-conviction relief. Where appropriate, we can take legal action on your behalf to seek a favorable result.
Learn your options from our Erath County post-conviction attorney by contacting us online or at (254) 355-4654 for a free case assessment.
Why Choose the Law Offices of Landon Northcutt?
An Experienced Advocate Protecting Your Rights
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At our firm, we hold the conviction that every case is significant, and we are committed to protecting your interests. We understand the unique aspects of each case and employ a comprehensive approach focused on achieving the best possible resolution for your case.
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Since opening in 1999, we have represented numerous clients in both Criminal Defense and Personal Injury cases. We are dedicated to utilizing the knowledge and expertise acquired since the inception of our firm to ensure the preservation of our clients' interests.
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Our law firm is equipped to cater to individuals who prefer Spanish-speaking services, providing a seamless experience for our Spanish-speaking clients. Your legal needs are our priority, and we strive to make the legal process accessible and comfortable for all.
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Our experienced team is ready to assess your case, provide valuable insights, and discuss potential legal strategies at no cost to you. Take the first step toward understanding your options and securing proven legal advice by scheduling a free consultation.