There are many reasons why someone may need to have their plea or judgment and sentence after trial vacated, which is also known as being granted post-conviction relief. While it is not easy to win a motion for post-conviction relief, under the right legal and factual circumstances, it is possible. What many people do not realize, however, is that if your plea or judgment/sentence after trial is vacated, this is not the same as your entire case being thrown out or dismissed. While it is understandable to believe your case has been closed out after being granted post-conviction relief, in reality, your case has been reopened and will be pending in court just as it was after the State initially brought charges against you.
This is where an experienced criminal defense attorney comes in. Motions for post-conviction relief take anywhere from a few months to a few years to litigate, especially if your case went through the appeals process first. After your case is reopened, an experienced criminal defense attorney will know how to investigate your case to determine the strength or potential weakness of the State's case against you after this passage of time. An experienced criminal defense attorney will then know how to negotiate for a dismissal, if possible, or attempt to work out a plea deal that resolves the issues that made you seek post-conviction relief in the first place; for example, if you previously pled to a charge that made you deportable.
Being granted post-conviction relief is essentially getting a second chance to defend your case. It can be a complex and lengthy process, but it is well worth it if you are able to get the outcome you are seeking and that justice requires. You should not take any chances when it comes to your chance at reopening your case. Contact Burkhardt Legal today to speak with an attorney who is experienced with the post-conviction process and who will fight hard to achieve the best possible legal outcome in your case.
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