Wrongful convictions do happen, and when they do, it’s not the end of the road. It is possible to appeal a wrongful conviction and for the person to get a second chance at a trial, but it is hard to overturn that conviction. Those who are wrongfully convicted of a crime will want to speak with a lawyer right away so they can start getting the help they need.
Speak With a Lawyer
The first step after any wrongful conviction should be to speak with a lawyer. In many cases, the person will not want to speak with the lawyer they had during the initial trial, because they may not feel like the lawyer had their best interests in mind. Instead, they can begin by contacting Romanucci and Blandin Law or another law firm to get the help they need. It is important to set up the consultation as soon as possible after the wrongful conviction or after more evidence is discovered.
Gather and Preserve Evidence
If there is additional evidence that was not used at trial and that can be used to show someone is innocent of the charges, they will want to make sure all of that is preserved. While the person may not preserve physical evidence on their own, if there is any physical evidence, they should speak with their lawyer to get help with preserving it. If there are any documents or digital evidence, they can make copies and provide them to the lawyer.
Conduct an Independent Investigation
A new investigation into the case may be needed. The person can work closely with their lawyer on this investigation to gather new evidence that can be used to show the courts that the conviction should be overturned. It may be necessary for the lawyers to hire an investigator or to work with the police to gather new evidence that can be used if the case goes back to trial.
File an Appeal
The person will need to file an appeal. There may be a limited amount of time for them to do this, so it is crucial they work quickly with their lawyer. The appeal offers them the opportunity to bring the case before a judge again and ask for the conviction to be overturned. This is not going to let the person go free, though. Instead, if the conviction is overturned, the case goes back to court and can be tried again. The new evidence can be used in the case to help the person receive a not-guilty verdict.
Get Support Through the Situation
It is important for the person to make sure they have support through this situation. The appeals process can be demanding and stressful, so they may want to work with a therapist, a support group, or others who can help them remain calm, follow the process, and attempt to get a better outcome for the case.
It is important for someone who has been wrongfully convicted to speak with a lawyer to learn more about their rights and the chance to have the case decision overturned. By talking to an attorney, the person can see what is needed to overturn the conviction and can get the help they need to start working towards that goal. Talk to an attorney about your case today to learn more about how they can help.
