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If you have been convicted of a crime in Oklahoma, you are entitled to a direct appeal. However, often times circumstances arise that were not available to argue at the time of your appeal. For these situations, the Oklahoma Legislature has enacted the Uniform Post-Conviction Procedure Act. This area of practice gives the criminal defendant, and his or her attorney, another avenue to collaterally attack a criminal conviction if you can claim in good-faith:
If a person convicted of a crime in Oklahoma can show any of the above circumstances, than he or she is entitled to challenge the previous conviction. One thing to consider, however, is what you CANNOT argue on post-conviction:
Attempting to make the above-referenced arguments will normally get you nowhere, because the issues will either already have been decided, or will have been deemed previously waived.
Another point to be aware of when considering a post-conviction application is that you are not entitled to a court-appointed attorney during post-conviction. Even though you will be entitled to a court-appointed attorney for your direct appeal, you must retain private counsel for post-conviction or petition the court on your own behalf. It is never a good idea to undertake such a complex procedure without the guidance of al licensed attorney, as you will run the risk of waiving issues that may be relevant. Moreover, you need retained counsel to help assure your petition includes any and all federal claims that you may have in case you decide to pursue a Federal Habeas action.
If you or a loved one has been convicted of a crime in Oklahoma, you don’t have to concede defeat. There are numerous options available to attack a conviction and regain your freedom. However, to put yourself in the best position for success, you need an aggressive Oklahoma post-conviction attorney. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 or visit www.oklahomalegalgroup.com for a free consultation.