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Law & Schriener, LLC  Oct. 10, 2023

How to Win Post Conviction Relief

In the intricate landscape of the legal system, post-conviction relief stands as a beacon of hope for those who believe in the pursuit of justice, even after a verdict has been rendered. No matter where you are in the process, it’s important to know that you have options.  

That’s where we come in. At Law & Schriener, LLC, we offer an unwavering commitment to upholding the rights of every individual, ensuring that no stone is left unturned in the quest for truth and fairness. As attorneys with a keen focus on post-conviction relief, we are steadfast in our dedication to scrutinizing every detail of your case, armed with the tenacity to challenge any potential errors or oversights that may have influenced the outcome. 

Ultimately, we are your dedicated allies in the face of criminal charges. Our attorneys have a wealth of experience and a deep understanding of Missouri law, making us uniquely qualified to handle complex post-conviction relief cases. The process of seeking post-conviction relief can be overwhelming when faced alone, so allow us to guide you through it. 

Reach out to us today to schedule a strategy session if you’re located in or around St. Louis, Missouri.  

Understanding Post-Conviction Relief

Post-conviction relief is a legal recourse available to individuals who have been convicted of a crime. It offers an opportunity to challenge the conviction or sentence by presenting new evidence, raising constitutional issues, or arguing errors made during the trial or sentencing process. Our dedicated team is here to guide you through this intricate process, ensuring you understand each step and advocating for your best interests at every stage. 

Overview of Post-Conviction Relief

Post-conviction relief encompasses various types of motions that can be filed to contest a conviction or sentence. These include a Motion for New Trial, Motion to Vacate Judgment, and Motion to Set Aside Judgment. Each motion has its unique intricacies and requires careful preparation and presentation to increase the chances of success. 

Types of Motions

Motion for New Trial 

A Motion for New Trial can be filed if there's newly discovered evidence, errors during the trial, or other grounds affecting the fairness of the proceedings. Our attorneys meticulously review your case, analyze every detail, and craft compelling arguments to support your motion. 

Motion to Vacate Judgement 

A Motion to Vacate Judgment seeks to set aside a judgment or conviction due to constitutional violations, ineffective assistance of counsel, or other legal errors. Our team diligently investigates every angle of your case, unearthing any oversights that might strengthen your motion. 

Motion to Set Aside Judgement 

A Motion to Set Aside Judgment aims to have the conviction overturned on specific legal grounds. Our attorneys possess the ability to argue your case passionately and convincingly. 

Key Documents to Have

When pursuing post-conviction relief, having the right documents is crucial. These include trial records such as transcripts of the trial proceedings, exhibits, and any other relevant documents presented during the trial. Legal documents like the indictment or charging document, plea agreement (if applicable), and any motions or briefs filed during the trial are also essential. Furthermore, gathering any evidence that supports the grounds for post-conviction relief, such as witness statements, expert reports, or forensic evidence, can significantly bolster your case. 

Process of Post-Conviction Relief

The process of seeking post-conviction relief involves several steps: 

  1. Consultation with an attorney: We assess the viability of your case and determine the best legal strategy during an initial consultation. 

  1. Filing the motion: Our team prepares and files the necessary motion with the appropriate court after identifying the grounds for post-conviction relief. 

  1. Review and response: The prosecution will respond to the motion, presenting their arguments against granting post-conviction relief. 

  1. Evidentiary hearing: In some cases, an evidentiary hearing may be held where both parties present evidence and arguments. 

  1. Decision and appeals: The court reviews the motion, the response, and any evidence before making a decision. If denied, our team will explore further options for appeal. 

Statute of Limitations

The statute of limitations for filing a motion for post-conviction relief varies depending on the jurisdiction and specific grounds for relief. It's crucial to consult with our attorneys to ensure that the motion is filed within the applicable time limits. 

At Law & Schriener, LLC, we are committed to fighting for justice on your behalf. Don't face these challenges alone—contact us today to schedule a consultation. Let us be your advocates in this fight for post-conviction relief. 

Understand Your Rights, Options, and Next Steps

Law & Schriener, LLC is a firm that prides itself on its dedication to justice and attention to detail. We work tirelessly to uncover potential legal errors, inconsistencies, or missed opportunities that could impact your case. Reach out to us today and let us guide you on your path to justice. We proudly serve those located in or around St. Louis, Kansas City, Columbia, Springfield, and throughout other parts of Missouri.


How to Win Post Conviction Relief  -

In the intricate landscape of the legal system, post-conviction relief stands as a beacon of hope for those who believe in the pursuit of justice, even after a verdict has been rendered. No matter where you are in the process, it’s important to know that you have options.

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