POST-CONVICTION LAWYERS IN MISSOURI

Habeas Corpus Attorneys in Missouri

Being found guilty of a crime is never the end of the road for the accused; a person has several options for seeking post-conviction relief. Post Conviction in Missouri is led by attorney George Thomas of Brownstone Law.  Mr. Robert Sirianni handles only federal appeals in Missouri.A person found guilty will find it hard to make the right decision in regard to filing for an appeal, but this is where our appeal attorneys come into play. Filing an appeal is further complicated by the fact that, apart from federal convictions which follow a defined set of rules, options for relief differ from region to region. It is therefore necessary to engage habeas corpus attorneys in Missouri.

Call our post-conviction lawyers in Missouri today at (888) 233-8895.

Criminal Lawyers St. Louis

Any convicted person has the constitutional right to file for an appeal. By engaging the appellate attorneys, a client will rest easy knowing that his /her case is being handled professionally and within the legal framework. The appeal petition or request is aimed at reversing the judgment by finding fault in the whole judgment process. The criminal defense lawyers will try to convince the appellate court that a procedural or legal error took place during the trial. Return to our main federal writ of habeas corpus page.

A post conviction appeals lawyer in Missouri will file a request for habeas corpus which is aimed at convincing the court that holding the incarcerated person in jail violates the client’s constitutional right. Habeas writs start before the Missouri Federal District Courts. The post-conviction lawyers in Missouri will submit a motion for post-conviction relief immediately after judgment is passed. The habeas corpus attorneys in Missouri also handle appeals in St. Louis and Kansas City.

The motion seeks to compel the trial court to offer a fresh trial for the client. Basically, the lawyer will request the trial court to overlook the decision made by the court jury consequently reconsidering the verdict. Colorado Post-Conviction Lawyers at Brownstone Law are experienced in handling such motions and can provide strong representation to help ensure that your case is reconsidered fairly.

Criminal Post Conviction Attorneys in Missouri

The criminal post-conviction attorneys in Missouri will also use expungement when seeking post-conviction relief. This option is usually applied to cases that have not specified the jail term or involve a minor. The federal criminal defense attorney will request the trial court to seal or expunge the conviction record of the defendant. Expungement seeks to protect a convicted person’s criminal history which might interfere or limit prospects such as employment

Post-conviction relief differs from criminal appeal in that the relief can be filed through the trial court while appeals have to be channeled through higher courts. Federal Criminal appeals take place within a specified time period while post-conviction relief has no time restrictions. Call our post-conviction appeals lawyers in Missouri today for a free consultation.

Brownstone’s post-conviction appeals lawyers in Missouri are some of the most well-known appellate litigators in the state of Missouri. We are also present in each and every appellate court in the U.S. For the years that post-conviction lawyers in Missouri have been practicing law, we have been involved in many civil and criminal appeal proceedings at the federal court level. Our Missouri appeal lawyers also have deep knowledge of the rules of criminal appellate procedure at the Supreme Court. Our clientele range from high profile citizens to multinational companies with branches in Missouri. Our service is not restricted to defendants only but also to other law firms that need consultancy on issues relating to the appeals process. Contact our Missouri federal crime lawyers at (888) 233-8895.

FAQs Missouri Post Conviction Relief and Process In Missouri, individuals seeking to challenge their convictions or sentences after a trial or guilty plea have specific post-conviction relief procedures available. Below are some frequently asked questions regarding Missouri's post-conviction process:

1. What is post-conviction relief?

Post-conviction relief refers to legal procedures that allow individuals convicted of crimes to challenge their convictions or sentences based on specific grounds, such as constitutional violations, ineffective assistance of counsel, or jurisdictional issues.

2. What are the primary rules governing post-conviction relief in Missouri?

Missouri's post-conviction relief is primarily governed by two rules:

  • Rule 29.15: Applies to individuals convicted after a trial.
  • Rule 24.035: Applies to individuals who entered a guilty plea.

These rules provide the exclusive procedures for seeking relief in the sentencing court for the claims enumerated. 

3. What claims can be raised in a post-conviction motion?

Under both rules, an individual (movant) may assert claims that:

  • The conviction or sentence violates the Constitution and laws of Missouri or the United States.
  • The court imposing the sentence lacked jurisdiction.
  • The sentence exceeds the maximum authorized by law.
  • There was ineffective assistance of trial and/or appellate counsel.

These claims must be raised in the sentencing court as per the exclusive procedures outlined in the rules. 

4. What are the time limits for filing a post-conviction motion?

Timeliness is crucial in post-conviction proceedings:

These time frames are strictly enforced, and failure to file within the specified periods generally results in the loss of the right to seek relief. 

5. What is the process for filing a post-conviction motion?

The process involves several steps:

  1. Pro Se Motion: The movant files an initial motion for post-conviction relief, often using Form 40. This motion is typically filed by the movant without legal assistance.
  2. Appointment of Counsel: If the movant is indigent, the court will appoint counsel to assist. Appointed counsel has up to 90 days to file an amended motion, which will outline all claims for relief.
  3. Evidentiary Hearing: The court will review the motions to determine if an evidentiary hearing is warranted. If so, a hearing is conducted where evidence and testimonies are presented.
  4. Court's Decision: After reviewing the case, the court issues "Findings of Fact and Conclusions of Law," detailing its decision and the legal reasoning behind it.

6. Can I appeal the denial of a post-conviction motion?

Yes, if the motion court denies the post-conviction motion, the movant has the right to appeal the decision to a higher court. It's essential to adhere to specific appellate procedures and timelines, and consulting with an experienced attorney is advisable to navigate this process effectively.

7. How can I seek assistance with post-conviction relief?

Given the complexity and strict timelines associated with post-conviction proceedings, it's crucial to consult with an attorney specializing in criminal appeals and post-conviction relief. Legal professionals can provide guidance tailored to your case and help navigate the legal process effectively.

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