Understanding Post-Conviction Relief
What is post-conviction relief in Oklahoma? Hi, I’m Oklahoma City Attorney Aaron Easton, and that’s the question we have for us today. So, everything post-conviction related can be found in the Oklahoma Post-Conviction Procedures Act, which starts in Title 22, Section 1080 of the Oklahoma Statutes.
And beginning at the end with the actual relief, well, the answer is there’s a few different things the court can do, and they have pretty broad discretion if they find that there’s merit to your post-conviction application. The court can order an evidentiary hearing, which would move the case along, that could ultimately end in relief.
The court can also order that a new trial be given to you, so the conviction is overturned, and you get a chance to present new evidence, a full new trial. The court can also vacate the sentence that was imposed upon you and send you home. It all depends on the merits and the specific facts of your case and what your arguments were.
Types of Arguments for Post-Conviction Relief
What’s just as important to understand is the types of arguments that the court will even hear on a post-conviction application. And, again, there are several different things, but oftentimes a successful post-conviction application will be derived from things such as state withholding of exculpatory evidence in your trial, evidence that could have really changed the outcome of your trial. It could be derived from a violation of your constitutional Fifth or Sixth Amendment rights, such as the ineffective assistance of counsel, or a violation of your due process. And it can also come from there being newly discovered material facts that weren’t presented or available at the time of your trial.
A really key point here is that beginning in November of 2022, there are some time constraints on when you can file for post-conviction. Now, there are some things that change that, including when newly discovered evidence was found, but the important point to remember is there are some time constraints involved in this.
Consult an Attorney for Post-Conviction Relief
So if you believe that you might be a candidate for post-conviction relief, and post-conviction does cover those currently incarcerated in prison and also those who have already served their sentence and been released, whether they remain on parole or if they’ve even finished parole completely and the conviction is in the past, post-conviction could potentially cover all those if you have the right facts in place to file a post-conviction application. It can get complicated.
If you have a question that you want answered, if you think you might be a candidate for post-conviction relief in Oklahoma, you’re going to want to speak to an attorney privately and confidentially. And to speak to an attorney at my firm, you can reach us at (918) 932-2833. Take the first step towards post-conviction relief and call us for a free consultation.