How to Deal With a Wrongful Conviction

Dealing with a wrongful conviction is a difficult thing to handle once your sentence has been handed down. Despite the innovations of DNA and forensic technology, sometimes the evidence isn't accurate and the court gets it wrong. Deal with your wrongful conviction by not giving up proving your innocence and getting your conviction appealed.

Instructions

1. Act fast before time runs out. Have your trial attorney file a motion of appeal within 30 days of your conviction. Include any new evidence such as newly discovered DNA evidence or a witness who wasn't part of your original trial. Explain that if that evidence had been part of your first trial, you wouldn't have been convicted.

2. Choose a wrongful conviction attorney or local innocence project to represent your wrongful conviction appeal case. Go to Loevy & Loevy or the Innocence Project and learn about the organizations' background in wrongful conviction cases before contacting them. Meet with a representative to decide who you want to defend your appeals case.

3. Gather new evidence to back up the appeal of your conviction. Have your attorney or representative hire a private investigator to search for new evidence in your appeal. Obtain the transcripts from your first trial and file a motion to gain access to trial evidence to run additional tests on. Also re-interview witnesses from the first trial to see if their testimonies change; use the information in your appeal brief.

4. Have your attorney write up an appeal brief demonstrating every mistake that happened during your first trial such as inadequate attorney representation and newly uncovered evidence. Once you've read the brief, give your attorney any suggestions to revise it or have her file it immediately. Start exploring other legal options in case the appeal is denied by the appeals court.

5. Get the conviction set aside by having your attorney write up a writ of habeas corpus to address any issue not explored during your trial. An appeal brief limits your attorney to talking about errors during the trial. A habeas corpus writ gives you more of an opportunity to get your conviction reversed and prove your innocence in a new trial.

6. Prepare for a new trial immediately if your motion is granted. Save yourself some time and stress in putting together a new case at the last minute. Any slapdash efforts could bring another wrongful conviction. Remember you're the key to your freedom. If the jury doesn't believe you, you'll go back to prison for the rest of your sentence. Tell the truth during your new trial and let the evidence speak for itself.

Tips & Warnings

• Be your own advocate in getting your conviction appealed if you can't find an attorney you trust to prove your case. Read up on your state's laws and learn what you need to do to appeal your case. Hire a private investigator to work on the outside to strengthen your case.

• Don't give up if your appeal is denied. Continue exhausting all appeal processes before accepting your prison sentence. Contact other innocence projects or attorneys to see if they can help your cause. Write to the governor about your case to see if there's anything that can be done for you.

Resources

• Cowling Investigations, Inc. Wrongful Conviction Information
• Loevy & Loevy Attorney Information
• The Innocence Project