Navigating the complexities of the criminal justice system can be daunting, particularly after a conviction. Hiring a criminal defense lawyer is a critical first step for pursuing a direct appeal , and representation by an experienced attorney is strongly recommended for those pursuing post-conviction relief. Our team aggressively defends clients to the fullest extent of the law, providing guidance in this time of personal turmoil. Direct appeals are occasionally suitable for claims requiring post-trial investigations and evidence.
These include, but are not limited to, allegations of ineffective counsel, juror misconduct, and prosecutorial misconduct. For these kinds of claims to be addressed through a direct appeal, they will need to be raised in a motion requesting a new trial.
This is because the record will need to show the evidence supporting the claim. Most often, such claims need to be addressed in a post-conviction form of relief. If you believe there were other reasons you were wrongfully convicted, like new evidence that is uncovered after the trial is over, it may be worth pursuing different forms of relief, such as writs of habeas corpus.
The Sixth Amendment of the United States Constitution guarantees the right to effective legal representation. For instance, if the defense attorney failed to investigate key evidence, call crucial witnesses, or properly prepare for trial, these failures could be grounds for ineffective assistance of counsel. Direct appeals in these cases often rely heavily on a post-trial investigation to gather the necessary evidence to support the claim. Another possible ground for post-conviction relief is juror misconduct, an issue that undermines the foundational principle of a fair and impartial jury.
Misconduct can come in many different forms, such as through improper communications about the case to outside influences or even biases that were not disclosed during jury selection. Identifying juror misconduct often requires post-trial investigations to bring these issues to light. Due to the complex nature of proving such claims and the need for new evidence, addressing juror misconduct typically falls under the purview of post-conviction relief.
