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What steps to take if the courts wrongfully convict you?

On Behalf of | Aug 23, 2023 | Blog, Criminal Law

Justice is a cornerstone of any democratic society. Trust in the legal system provides a sense of security and order for its residents. However, the system is not flawless. Mistakes can occur, and sometimes individuals find themselves wrongfully convicted for crimes they did not commit. The aftermath of such a conviction can be daunting, and the path to exoneration is often long and challenging.

If you or someone you know faces a wrongful conviction in Florida, it is important to act promptly and take specific steps to contest the verdict.

Gather evidence for an appeal

The first step after a wrongful conviction is to gather new evidence or re-examine existing evidence that can prove your innocence. This could include overlooked details, new witnesses or any inconsistencies in the case that the court did not consider during the trial.

Seek an appeal

You have the right to appeal a conviction. This process involves presenting your case to a higher court to review the decision made by the lower court. When seeking an appeal, ensure you have a compelling reason, such as a violation of your rights during the trial or newly discovered evidence.

File for post-conviction relief

If the appellate court upholds the conviction, you can file a motion for post-conviction relief. This motion lets you present new evidence, challenge the validity of the trial based on constitutional grounds or highlight any misconduct that may have influenced the verdict.

Request DNA testing

In cases where DNA evidence can prove innocence, Florida allows wrongfully convicted individuals to request post-conviction DNA testing. If this evidence was not available during the original trial or new methods can provide clearer results, DNA testing can play an important role in proving innocence.

Petition for clemency

Another avenue to consider is petitioning for clemency. The Clemency Board has the authority to grant full pardons, commute sentences or even restore civil rights. Submitting a petition does not guarantee relief, but it offers another opportunity to present your case.

Engage with advocacy groups

Several organizations work tirelessly to address wrongful convictions. Engaging with these groups can provide you with resources, support and guidance throughout the process.

A wrongful conviction can disrupt your life and leave you feeling powerless, but know that exoneration is possible. The National Registry of Exonerations reported that the courts released over 230 wrongfully convicted people in 2022. When you understand the steps available to you and pursue them with determination, you can pave the way for justice. Always remember: the journey may be long, but you have the right to fight for your innocence.