Those convicted of a crime in Alabama may be able to challenge their convictions through Rule 32 of the Alabama Rules of Criminal procedure. Typically, this challenge is filed after a defendant has been convicted and lost his or her appeal. In other cases, it can be filed without an appeal of the original conviction.
An Alabama Rule 32 attorney can assist a defendant and his or her family prepare to challenge a conviction. One of the most complex issues often involved in a Rule 32 challenge is the issue of new evidence. Proper filing and argument is critical; not just any evidence will do.
Alabama Rules of Criminal Procedure Rule 32 grounds:
- Relief required through the Constitution of the United States or the State of Alabama.
- Court lacked jurisdiction.
- Sentence exceeded the maximum allowable sentence under the law.
- Defendant is being held after expiration of sentence.
- Newly discovered evidence or facts.
- Defendant failed to timely file original appeal.
In general, the rule requires that the new facts were not known to the defendant or his attorney at the time of the sentencing or at the time of filing post trial motions; that the facts are not merely cumulative to other facts known or do not amount to impeachment evidence; that if the facts were known, the outcome at trial or sentencing would likely have been different.
Additionally, a defendant will not be granted relief under the rule if the issue may still be raised on direct appeal or was addressed at trial. Or if the issue could have been, but was not, raised at trial.
There are, of course, many other rules and issues involved with filing a Rule 32 motion in Birmingham or elsewhere in Alabama. An experienced law firm should be counted on to help you make the most of the post-trial relief processes afforded to you under state and federal law.
Sometimes juries and judges get it wrong. And in many cases, the best work is often done in the post-trial phase. The reality is that many prosecutors and judges work closely together day in and day out. And judges are sometimes hesitant to rule against the state, particularly when the result will be a reduction or dismissal of the charges.
Thus, the appeals process is often critical and is the only thing standing between a defendant in years or decades behind bars. Using each part of the process to the best advantage of the defendant is critical as the process affords little or no opportunity to correct mistakes. A Rule 32 attorney in Birmingham must use the law to the best advantage of his client. At Eversole Law LLC we are committed to fighting for the rights and doing everything possible to avoid a conviction.
And we continue to dedicate substantial resources to filing criminal appeals, both for our clients and for defendants who come to us for help after conviction. If you need help with a criminal appeal in Birmingham or the surrounding area, contact Eversole Law LLC today for a confidential consultation to discuss your rights.
Alabama Criminal Defense Lawyer – 866-834-5292 --Confidential Consultation