Orlando Post-Conviction Relief Lawyer
Frequently, a criminal conviction is basically only a preliminary finding. A wide range of post-conviction remedies, such as higher-level review, can either remove the stain of a criminal conviction from your permanent record or reduce, or even eliminate, the direct and collateral consequences of these convictions. Many times, such remedies are available for the asking.
The experienced Orlando post-conviction relief lawyers at Joshi Law Firm, PA not only know the right questions to ask. We also know how to ask them. Additionally, we work just as hard after a criminal trial as we do before it. We are committed to the best possible result under the circumstances, and we never stop working for you until the final buzzer sounds.
Criminal Appeals
If an error before or during the proceedings materially affected the trial’s outcome, an appeals court may throw out the verdict and order a new trial. In some cases, an appeals court might even substitute a new finding for the trial court’s verdict.
Attorney or judicial misconduct could invalidate a trial court’s results. Usually, attorneys must live up to the standard set forth in the Florida Bar Association’s Rules of Professional Conduct. There are more stringent rules of judicial conduct for judges.
Appeals courts also review judicial decisions, such as evidence admissibility decisions. However, the mistake must not involve a judgement call (pardon the pun). Instead, the decision must be clearly erroneous, perhaps because the judge applied the wrong law or the judge abused his/her discretion.
Executive Pardons
Contrary to popular myth, executive pardons are not reserved for rich donors or friends of the governor. In fact, it’s more difficult for these people to obtain pardons. No governor wants to be accused of favoritism.
Instead, the applicant’s situation must jive with the governor’s political agenda. Former President Barack Obama granted over 1,800 pardons during his eight years in office. In contrast, his predecessor George W. Bush granted about two hundred pardons between 2001 and 2009. Many of the Obama pardons involved drug sentences which judges handed out during the mandatory minimum days in the 1980s and 1990s.
Style matters. An Orlando post-conviction relief lawyer must have more than a compelling argument. An attorney must also know who to present this argument to, and how to present it.
Record Expungement
If prosecutors dismissed your case or no indictment was ever presented for whatever reason, and you otherwise have a clean criminal record, record sealing or record expungement might be available.
Expungement is the complete destruction of all law enforcement and judicial records. For most purposes, it’s like the arrest never happened. Sealing prevents employers, landlords, and most other members of the general public from viewing the records. If they are asked, individuals can legally say they weren’t charged with an offense, if the record has been sealed.
Many offenses are ineligible for such relief. Examples include most drug cases, other than simple possession, and almost all sexual offenses.
Early Discharge from Probation
Florida has very broad laws in this area. Technically, judges may terminate probation at any time, if such termination is in the best interests of society. Pragmatically, however, most judges want to see at least a one-third completion and all restitution and fines paid. Most of the successful petitions we file involve before-and-after stories (e.g. I lived in a bad environment and now I live in a good environment).
On a related note, it’s also possible to modify the terms and conditions of probation after a conviction.
Contact a Dedicated Orange County Lawyer
The fight doesn’t end just because the judge’s gavel falls. For a free consultation with an experienced bail & bond lawyer in Orlando, contact the Joshi Law Firm, PA. After-hours visits are available.
