What Is Post-Conviction Defense?
When a person has been convicted and sentenced, then has filed and lost a direct appeal, a post-conviction petition is the remaining avenue for relief. Post-conviction petitions differ from direct appeals in important respects including the ability to present new evidence and information that may not have been considered during trial court or direct appeal proceedings. For more than 20 years, I have successfully handled post-conviction matters, finally overturning convictions and sentences that had previously been upheld.
Experience Is Particularly Critical In Post-Conviction Cases
The procedural rules governing post-conviction petitions are complex. Failure to comply with these rules can lead to denial of post-conviction petitions for review on procedural grounds that have nothing to do with the merits of the case. I have the expertise and experience to navigate the rules and successfully obtain relief for clients whose direct appeals have been unsuccessful.
If you retain me to represent you in post-conviction proceedings, I will carefully evaluate your case to determine the type of proceeding that will most likely yield results. The options include: 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 § 2255); gubernatorial pardons (via the Hawaii Parole Authority (HPA) pursuant to Haw. Const., art. V, § 5); or presidential pardons (based on the United States Constitution, Art. I, § 2).