Post Conviction Relief in Oklahoma
Post conviction relief refers to seeking relief from the verdict, plea agreement, or other outcome of a case. In Oklahoma, there are certain manners in which convictions may be eligible for an appeal. Post conviction relief is not always just an appeal to retry the case, but in some instances, a new trial is a possible outcome.
Other possible outcomes for post conviction relief include:
- A reversal or setting aside of the conviction
- A modification of the sentence
- A release from incarceration
Conditions for Post Conviction Relief
Not everyone can apply for post conviction relief. Under Oklahoma law, certain conditions must be met before relief can be sought.
- The sentence or conviction violates Oklahoma state laws, or violates rights guaranteed by the United States Constitution.
- The court did not have the proper jurisdiction to sentence the defendant.
- The sentence exceeds the maximum punishment according to the law.
- Other material evidence that was not presented at the initial trial exists.
- You were unlawfully held in custody, for example, if the sentence had already expired.
- There was an administrative, legal or other procedural error that may have affected the sentence or the verdict.
- The Court can agree to grant you a judicial review at the time that the Court sentences you, which means that the judge agrees to review your sentence after a certain amount of time has passed.
- You may be eligible for a judicial review by statute – an experienced attorney needs to review the terms and conditions of your sentence to see if you qualify for judicial review.
How to find out if your case qualifies for post conviction relief:
There are many factors that could qualify or disqualify your case for post conviction relief. If you are interested in applying for relief and want to know whether or not your case has a shot, fill out our online case evaluation form or contact us today for a free, no-obligation review of your case.