Have you been the victim of a wrongful conviction obtained through wrongful acts by another person? If yes, you can seek justice. Not only can you acquittal of charges and release from prison, but also accountability from those responsible for your wrongful conviction. However, it must be noted that it is not easy to obtain exoneration from wrongful conviction. You need legal representation that is skilled and experienced in this case.
Also, you should know that in wrongful conviction cases two types of lawyers are usually needed. First, before the acquittal of charges and release from prison, you need the help of a criminal defense lawyer who is skilled and experienced in the field of law to overturn the wrongful conviction that befell you. Then, after you have been acquitted of the charges and released from prison, you need a civil rights lawyer to help you file a civil lawsuit so that you can get financial compensation. This is done if you want to hold officials accountable for your conviction.
Given that getting a wrongful conviction acquittal is very complicated and requires truly skilled and experienced legal representation, you need to know tips on how to choose and hire a wrongful conviction lawyer. Check out the text below to get the information you need.
Hiring a Wrongful Conviction Lawyer – Here’re tips
As we have said, it is not easy to file a wrongful conviction case after your prison release and acquittal. Often, you will have difficulty in gathering documentation or evidence that can show and prove a party’s guilt of your wrongful conviction. In addition, government officials usually have broad powers and immunities from civil lawsuits arising from their actions. Therefore, in order to win your case, you need the help of a lawyer who is skilled and experienced in wrongful conviction cases.
Here are some things you should pay attention to when choosing a wrongful conviction lawyer:
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- Choose a wrongful conviction lawyer who is skilled and experienced in filing wrongful conviction lawsuits.
- Make sure the wrongful conviction lawyer you choose really takes a personal interest in you. They can ensure you will receive justice for what you have endured.
- Choose a lawyer who is attentive and good at communication so they will take the time to discuss the details of your case. They will also discuss the strengths and weaknesses of your legal claim, as well as explain what you can expect at each stage of the trial.
- Choose a wrongful conviction lawyer who has the time and resources necessary to thoroughly handle every aspect of your claim.
- Make sure you choose a lawyer who has extensive knowledge and insight into your case, understands the losses you have experienced so that you will be able to receive fair compensation.
- A compassionate approach is also needed from a wrongful conviction lawyer to help you feel more comfortable in sharing the difficult details of your experience and case.
Read also: What Does a Wrongful Death Lawyer Do?
These are some of the things you should pay attention to when choosing a wrongful conviction lawyer. Most wrongful conviction lawyers will work on a contingency fee basis. This means you don’t have to pay your lawyer until you truly get fair compensation in your case. However, some wrongful conviction lawyers work under other fee arrangements. Therefore, when you want to hire a wrongful conviction lawyer, you should first discuss with the lawyer the fee rules he or she applies.
When you file a lawsuit, you also need to think about how to support yourself and think about the costs you will have to incur during the filing process. In this case, you may want to consider sources of litigation funding that will help you pay lawyer fees and other costs related to your case. For your information, in litigation funding arrangements, you are not given a loan. Instead, it is the litigation funding company that purchases a portion of the compensation you may receive in your wrongful conviction claim. Then, what if you are unsuccessful in getting compensation for your wrongful conviction? Don’t worry, you won’t owe anything to the litigation funding company.
Some Questions to Ask When Choosing a Wrongful Conviction Lawyer
Choosing a wrongful conviction lawyer who is skilled and experienced in handling wrongful conviction cases is very important. In the previous paragraph, we have shared several tips that you can consider when choosing a lawyer. In addition, we would now like to tell you some questions you can ask a lawyer when choosing a lawyer so that you can hire the right lawyer for handling your case.
Typically, most wrongful conviction lawyers offer their clients a free consultation to discuss the basic details of the case. Well, if you are offered a free consultation from a wrongful conviction lawyer, you can take this time to ask the lawyer a few questions before you finally decide to hire that lawyer.
Here are some questions you can ask a wrongful conviction lawyer:
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- What is your experience handling wrongful conviction cases?
- How many wrongful conviction cases have you handled?
- How many wrongful conviction cases have you taken to court?
- What is your success rate in winning wrongful conviction cases?
- How long does it take to receive compensation in a wrongful conviction case?
- What loss or damage can I compensate for?
- What is your fee structure? Will I owe money if you don’t win my case?
The Negative Impact of False Accusations and Convictions
According to the National Institute of Justice (NIJ), the impact of wrongful conviction on your life can be greater than the impact of wrongful imprisonment. Therefore, the negative impact of wrongful conviction cannot be underestimated. Even if you have been exonerated from wrongful imprisonment, the bad record and reputation resulting from wrongful imprisonment will be difficult to erase. If you experience this bad thing, you will probably experience some negative impacts in your life.
Here are some of the negative impacts of wrongful accusation and conviction:
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- The possibility of divorcing your partner.
- Losing the opportunity to raise your children.
- The possibility of losing your beloved family.
- Losing your job or career.
- Losing your driver’s license.
- Facing huge fines and fees.
- Difficulty getting a job after leaving prison.
- The possibility of facing unfair treatment from law enforcement in the future.
If you are wrongfully accused and convicted, you will never be able to get back the time you spent in prison. However, you still have the legal right to ask for compensation in court. Contact a wrongful conviction lawyer immediately if you are wrongfully accused, or imprisoned for 72 hours or more. A skilled and experienced wrongful conviction lawyer will be able to help you with your case so that you will be able to obtain compensation.
Reasons Why People Are Wrongfully Imprisoned
Apparently, there are many reasons why you could be accused and imprisoned for a crime you did not commit.
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- A witness incorrectly identified you.
- Your confession is false or coerced, as are the accusations against you.
- Mistakes made by the officials.
The specific reasons for wrongful accusation and imprisonment can vary from case to case. However, we have received information that one of the factors that is often the reason for wrongful accusation and imprisonment is systemic racism.
Appealing a Wrongful Conviction
If you have been wrongfully convicted and injustice has occurred, what you can do is try to overturn your sentence by filing an appeal. By appealing your guilty verdict, you can not only overturn the sentence but also get compensation for the justice system’s mistakes.
Here are the steps you can take to file an appeal:
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Find a Law Firm that will handle your case
It seems that there are some law firms that are unwilling to take on wrongful conviction cases. Therefore, you really have to be able to find a law firm that provides wrongful conviction lawyers. You can use the tips we have presented in the previous paragraphs to choose a wrongful conviction lawyer who is truly skilled and experienced in handling wrongful conviction cases.
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Understand the appeals process
The report in the appeal states that the process that resulted in your conviction was incorrect. As a basis for overturning your sentence, your lawyer will usually use a number of documents or witness statements. Then, you also need to show that there were some serious errors in the handling of your case.
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Initiate the appeals process
When everything is ready and your attorney files a notice of appeal, it is time for you to start the appeal process. You need to start the appeal process as soon as possible to get in before the filing date. After you file an appeal, your attorney will then examine all the details of your case to prove that you were wrongly accused and sentenced.
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Getting Compensation
Once your case is won, and the wrongful conviction is overturned, you are entitled to financial compensation. You were wrongfully convicted, and in return you should receive financial compensation for experiencing the many negative impacts of the wrongful conviction such as loss of work, time with your family, and the suffering you felt while incarcerated.
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