There are sometimes severe collateral consequences to being convicted and/or entering into a guilty or nolo plea, such as being deported or being classified as a sex offender. If a defendant does not obtain a qualified defense attorney to properly advise them before they are convicted, they may have little chance to challenge the conviction after the fact.
Generally, challenging one’s conviction is done through a motion for new trial and/or through a criminal appeal., both of which must be filed within weeks of being sentenced. However, certain arguments to challenge a conviction (e.g., claiming that your defense attorney was constitutionally ineffective or that your plea was not entered properly) must be done through a remedy entitled “Post-Conviction Relief.” See R.I.G.L. § 10-9.1-1 et seq.
The process entails submitting a post-conviction relief application to the Superior Court (including a legal memorandum containing sufficient legal arguments), potentially conducting a hearing before the Superior Court (at which time the defendant/petitioner would likely call witnesses to testify in addition to legal arguments made to the Court), and if the application is denied, appealing the matter to the Rhode Island Supreme Court. The standard for proving ineffective assistance of counsel is very high, and even if a defendant/petitioner wins post-conviction relief, the criminal case begins again.
If you want to know whether you can get your conviction vacated through post-conviction relief, call or email Kate today at (401) 274-2423 or kg@katherinegodinlaw.com to discuss your case.