west palm beach criminal defense lawyer
POST CONVICTION LAW FIRM
For someone convicted of a crime, post-conviction is considered the final and last possibility for challenging the conviction. After all direct appeals have been exhausted, the defendant may have grounds to make a motion for post conviction relief. If the motion is successful, the court will hear arguments concerning issues like inadequate / ineffective representation by trial counsel, newly discovered evidence, or violations of due process. The court will then decide if there is lawful reason to hold (imprison) the defendant.
Post conviction litigation differs from a direct appeal in that it is not an entitlement. This litigation is typically handled by an attorney who has been obtained by the defendant and his or her family. In rare cases, the courts may appoint an attorney to a defendant who seeks a post-conviction ruling. It is important to note that a successful ruling does not mean that charges will be dropped – rather, the defendant can receive a new trial or a new sentence.
Defendants have two years in which to file a post-conviction motion following:
- The date that the judgment and sentence in the case became final if no direct appeal was taken
- The date the conviction was affirmed on direct appeal if an appeal was taken
- The date collateral counsel was appointed or retained subsequent to the conviction being affirmed on direct appeal in a capital case in which the death penalty was imposed
In rare and limited situations, the court may review cases and make exceptions to the time limitations rule if good cause can be shown – for example, newly discovered evidence.
If you or a family member has been wrongly convicted of a crime, an experienced criminal defense lawyer can review the case (whether it be state or federal) and determine if it is eligible for post-conviction relief. It is important to seek the assistance of a skilled criminal defense trial lawyer who is highly knowledgeable in the area of post-conviction. The process is time-consuming and legally difficult, and the burden of proof lies with the defendant and his or her attorney. Attorney Donnie Murrell has performed an extensive amount of post-conviction work over the past two decades. He recreates the history of the case, looks for examples of ineffective counsel, then works to prove that the verdict was affected.
“Everyone deserves justice. And sometimes, justice does not prevail initially. It is then that we roll up our sleeves and redouble our efforts.”
State and Federal post-conviction relief laws can be difficult to understand and many criminal defense attorneys have minimal or no experience in this area. It is crucial to know your rights and the options available to you. Florida Bar Board Certified Criminal Trial Attorney Donnie Murrell is a veteran post-conviction criminal defense lawyer with an established reputation for his courtroom abilities and his outstanding commitment to post-conviction clients.
If you or a family member would like to pursue a state or federal post-conviction relief opportunity or have post-conviction issues you’d like to discuss, contact the law firm of L. D. Murrell, P.A., criminal defense firm with extensive post-conviction experience.
L. D. Murrell, P.A. serves all of Florida including the following counties Palm Beach, Martin, St. Lucie, Indian River, and Okeechobee County, and handles both state and federal criminal matters.