A criminal conviction does not necessarily mean the end of the road. Individuals sentenced for felony crimes in Hawaii may have a chance to challenge their verdict by seeking post-conviction relief. However, it is crucial to understand that time is of the essence when it comes to filing this petition.
Why timeliness matters
In Hawaii, there are strict deadlines for filing a Rule 40 petition:
- For claims based on newly discovered evidence, filing the petition must be within two years of the date of conviction or within one year of the discovery of the new evidence, whichever is later.
- For claims based on ineffective assistance of counsel, filing the petition must be within one year of the date of conviction.
Missing these deadlines may result in a person’s forfeiture of the right to seek post-conviction relief, leaving them with no further recourse.
Consequences of delay
If an individual fails to file their Rule 40 petition on time, they may face severe consequences. This could include serving a longer sentence than necessary, missing the chance to clear their name and losing the opportunity to seek justice for wrongful convictions
Do not let deadlines slip by
A criminal conviction can have far-reaching consequences that extend beyond one’s sentence. It is essential to understand that there are legal options available. However, time is of the essence when pursuing post-conviction relief. With the guidance of an experienced criminal defense attorney, one can mitigate the consequences of a conviction and ensure that their rights are protected.