The Post-Conviction Relief Act creates a process in which a prisoner can make a collateral attack on his conviction and/or sentence.
- There are a number of bases for relief, including challenges to the jurisdiction of the court, an illegal sentence, ineffective assistance of counsel and violations of state and federal constitutions.
- The burden is on the Defendant to prove that he or she deserves some kind of relief. That’s why it is so important you retain the assistance of an attorney.
- You need the advice of an accomplished attorney who will give you an honest opinion of your issues based on his research into your case.
- If an individual loses the appeal, typically the next step is a habeas corpus petition, and under federal law, the habeas corpus petition must be filed within one year of the affirmance by the state appellate court of the post-conviction denial.
If you or a loved one has been convicted of a crime in Oklahoma, you may be eligible for post-conviction relief. A qualified attorney can review your record and give you the guidance you deserve. You need an experienced Oklahoma criminal defense attorney, and you need one right now. Call the Law Offices of Adam R. Banner, P.C. for a free consultation.