Post-Conviction Relief and Time Served for Charges that Are Dropped
Provided by HG.org
When a person in prison is nearing his or her probation term, he or she may see the outside of the penitentiary with the rest of his or her term converted for time served. It is essential to understand what charges dropped means to these situations so that the convicted person may see a reduction or end of prison sentencing.
Converted time is possible when the penal system views the convict as less dangerous to society after so much time spent incarcerated. The legal system may review certain individuals and permit a post-conviction relief on a case by case basis. It is even more important for this review when the charges are no longer valid. However, the actions of the person in prison or during a probationary period may cause the sentencing to increase or expand to the maximum. Post-conviction proceedings are similar to what occurs before incarceration, but the conclusion may end in an extension to prison time or time served with the person leaving the prison.
Once a person behind bars has been behind these walls long enough, there are various options open. If the individual has been on good behavior the entire time, the legal system may provide additional benefits for these actions. It is still important to have a lawyer during the post-conviction process when attempting relief to leave the prison. The legal representative may speak on his or her behalf and seek the best possible outcome to the situation. Overturning or dropping charges are both actions possible depending on the circumstances, and these could reduce or eliminate the remaining sentence the convict will face.
When seeking relief from time served and a reduction in sentencing, there are certain factors involved in these situations. The case may include venue, judges, jurisdiction and whether the charges were at some point dropped. A post-conviction relief may occur through a trial with a criminal court. The action is usually brought forth within the courts to challenge the conviction or the sentencing affecting the person behind bars. This could include a transfer to another court or a change in venue based on the specific elements or aspects of the claim. In certain situations, the convicted person may need to hire a new lawyer to protect his or her rights better than the previous professional.
In the event of a post-conviction relief case, there is no favor or disfavor given to the person submitting an application with the original trial judge that presided over the case. However, this judge may recuse himself or herself if it appears any bias towards the convicted individual may occur. The post-conviction relief usually challenges the judgment, conviction and sentencing of the original case. There are claims that could seek relief from state or local laws and how they could affect the case negatively when unnecessary. Some statutes the person may become a convict under could have violations against the Constitution of the United States.
Pursuing Post-Conviction Relief
The factor of charges dropped during or after conviction may present a problem in keeping the person in prison. If he or she seeks a post-conviction relief through the courts, the presiding judge may determine no further sentence needs satisfaction due to the dropped charges. Even if the person broke previous probation, it is possible to convert the remaining time into time served. Any violations of the Constitutional rights within the United States government could increase chances of either a remanded sentence or an overturned conviction. It is crucial that the individual seek legal assistance throughout the process until it is complete.
The Legal Situation
Post-Conviction relief is similar to an appeal in there are several factors looked at within the case. These could include evidence not previously viewed by legal authorities. Changes in law that encompass significant differences could lead to the relief necessary to remand or overturn a previous sentence. Some post-conviction relief is sought based on a postponed appeal. Any complication in the legal system could lead to possible relief in these situations. An experienced lawyer may take advantage of these circumstances.
Hiring a lawyer or contacting a previously hired lawyer is critical in any possible post-conviction relief. There are several processes the legal representative may know or understand that could assist with a positive conclusion. There is potential to overturn the conviction, convert the remaining sentence and even to free the person entirely without any further consequences depending on the action and factors.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.