A Successful Direct Appeal Will Overturn An Erroneous Conviction And Sentence
When you are counting on a not guilty verdict or a dismissal, a judgment of conviction and sentence can feel like an insurmountable loss. But a successful direct appeal or post-conviction petition can reverse an erroneous conviction and sentence. Every person convicted of a crime has a right to file a direct appeal to the Hawaii Intermediate Court of Appeals (ICA) and to petition for writ of certiorari in the Hawaii Supreme Court if the ICA denies relief.
I have been handling direct appeals and other post-conviction proceedings for more than two decades. With this experience, I bring a fresh set of eyes to the trial proceedings that can be the difference between serving a lengthy prison sentence on a criminal conviction and being exonerated of the offense. If you retain me to represent you following a conviction, I will exhaustively examine every aspect of your trial and sentencing proceedings to determine what relief may be available and how to obtain it as quickly and efficiently as possible.
How Can I Reverse My Conviction And Sentence?
The procedural rules governing direct appeals and post-conviction petitions for relief can be complicated and arcane, but successfully navigating these rules can yield multiple opportunities to overturn a wrongful conviction. I have handled serious and complex criminal cases at all stages, maneuvering through these rules to get results for my clients.
The options include: direct appeals to the ICA then to the Supreme Court (pursuant to the Hawaii Rules of Appellate Procedure (HRAP)); post-conviction petitions filed in the trial court (pursuant to the special proceeding provisions of the Hawaii Rules of Penal Procedure (HRPP)); expungement (for minor DUI for first-time drug or property offenses pursuant to H.R.S. §§ 291E-0064(e), 706-622.5, 706-622.8, and 706-622.9); federal habeas corpus petitions (pursuant to 18 U.S.C. § 2254); or gubernatorial pardons (via the Hawaii Parole Authority (HPA) pursuant to Haw. Const., art. V, § 5).
There are important rules concerning when and how relief is available pursuant to all these options. In general, the more time that passes the less likely a criminal conviction will be overturned. For all these options, timing is always important and sometimes critical so starting the process immediately following conviction is a necessity.
Ask Me About Overturning Your Conviction
A conviction and sentence is not the last stage of a criminal case. An aggressive direct appeal or post-conviction petition can overturn an erroneous conviction and sentence. Reach out to me at the Law Offices of Cassandra Stamm, PLLC, to discuss your situation. You can contact me in Kauai at 888-613-4404 or send me an email.
