Understanding Your Options: Appeal vs. Post-Conviction Relief
Appeal: Challenging Errors on Record
- An appeal focuses on errors that occurred during the trial itself. This includes issues that are documented in the official record, such as:
- Incorrect rulings on motions
- Errors in court entries
- Mistakes in the jury instructions
- The appeal process is typically limited to reviewing the evidence and arguments that were presented during the trial.
Petition for Post-Conviction Relief: Introducing New Evidence
- A petition for post-conviction relief, on the other hand, allows you to challenge your conviction based on evidence that was not part of the original trial record. This might include:
- A new witness affidavit
- Newly discovered business records
- Any other evidence that was not presented during the trial
- This type of petition is used when there’s a claim that the conviction was based on incomplete or inaccurate information.
Key Differences Summarized
Feature | Appeal | Petition for Post-Conviction Relief |
Focus | Errors in the trial record | Evidence outside the trial record |
Evidence | Limited to the trial record | Can introduce new evidence |
Common Examples | Incorrect jury instructions, evidence errors | New witness, previously unknown information |
When to Seek Legal Assistance
If you believe that evidence exists that was not presented during your trial and that this evidence could impact the outcome of your case, it’s crucial to seek legal counsel.
Contact Harris Law Firm
Harris Law Firm: appeals and post-conviction relief. If you have questions about your options or believe you have grounds for either an appeal or a petition for post-conviction relief, contact them at 614-887-8958. Their experienced attorneys can evaluate your case and help you determine the best course of action.
Disclaimer: This blog post provides general information and should not be considered legal advice. It is essential to consult with a qualified attorney to discuss your specific situation and determine the best course of action.
