Post Conviction Lawyer in Flint, MI

Jeffrey E. Clothier has been voted one of the top 100 trial lawyers in the nation. As a certified professional in the legal system, one of his multiple areas of practice is post-conviction. In the event that a defendant is found guilty, the legal process continues in the form of post-conviction. This process involves more than one path, each with the goal of exoneration.

The Appeals Process

The first action a defendant may take is to challenge the court’s decision in appellate court. A guilty sentence can be challenged by proving that the court’s decision was arrived at, or was affected negatively, by some legal error. The attorney will assist by organizing a brief, or document that essentially requests a motion for a new trial. If the request is denied, a defendant may have further options at his or her disposal. These options depend on the severity of the crime and the sentence in question, and come in the form of certain writs at the defendant’s disposal.

Writ Of Certiorari

In certain cases, the defendant may choose to apply for a Writ of Certiorari. In this process, a case is taken to the Supreme Court for reevaluation. Certiorari orders the lower court to send all relevant documents to the higher court. The goal is to have the lower court’s decision overturned in a new trial. However, the Supreme Court can choose to deny this motion.

Habeas Corpus

While this phrase may be familiar, it may not be commonly recognized as a writ. Habeas Corpus is, in fact, a right held by all in English Common Law wherein the individual is guaranteed a trial. This writ is the first line of defense against unlawful imprisonment.

Parole Violations

If convicted of a felony and sent to prison, individuals may be later released on parole or a provisional release. Parole typically involves reporting to an officer to prove that the individual can or is in the process of making good with society. Violation of these provisions has varying consequences, usually involving a return to prison under new terms.