This post concludes and recaps our series on the handling of post-conviction cases in Little Rock, Arkansas. We felt it necessary to write on this topic due to the fact that this is a complicated area of law and many defendants are unsure when it comes to their rights, the procedures they face in Court, and the grounds upon which they may request a writ of habeas corpus. Our goal with these posts has been to provide information which will help people to make an informed decision when selecting a criminal defense attorney.
We covered multiple topics over our recent articles. Issues which we looked at included:
- The difference between post-conviction relief and an appeal
- Requesting post-conviction relief due to ineffective assistance of counsel
- Filing for habeas corpus due to a change of law
- The process of filing for post-conviction relief
These are important topics for several reasons. First, many people are not aware of the differences between post-conviction relief and an appeal. The two are completely different processes and the facts which may be raised in each process are different. Second, it is important to understand that most post-conviction requests must be framed through an argument that one’s prior lawyer was ineffective. If one is making an ineffective assistance of counsel claim then they must also show that the poor representation is what led to the conviction. Third, while claims of poor representation is what leads to most cases, a writ of habeas corpus can also be requested if the law has changed. An example of this would include the Supreme Court issuing a decision which clarifies that the defendant’s case may have involved a violation of rights. Finally, understanding what to expect from the process will help it to go more smoothly.
One point we cannot stress enough is that you should retain an experienced attorney to assist you with such matters. Requests for post-conviction relief involve complex legal issues such as search and seizure, an attorney’s duty to his or her client, and what constitutes a quality effort on the lawyer’s behalf. Also, the rules regarding the filing of requests are strict and failing to follow them may result in one’s case being dismissed. These are just some of the reasons why you should retain experienced counsel.
Our Little Rock post-conviction lawyers have extensive experience in handling such matters. Contact us today to schedule an initial consultation. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of the state.