Post-Conviction Relief Attorneys in Omaha, Nebraska

A criminal conviction can have long-lasting consequences, but if you believe your trial was compromised, post-conviction relief might be an option for you.  

Post-conviction relief is a legal process that allows convicted individuals to challenge their conviction or sentence on grounds that were not raised on direct appeal. This can involve issues such as ineffective assistance of counsel, newly discovered evidence, or constitutional violations that occurred during the trial. 

Successfully obtaining relief can lead to exoneration, which clears your name and removes the stigma associated with a criminal record. It could also result in a sentence reduction, allowing for a shorter time spent in incarceration and quicker reintegration into society. Plus, it can restore your civil rights, such as the right to vote or possess a firearm, which are often stripped away following a conviction.  

At Hug and Jacobs LLC, our criminal defense lawyers are dedicated to helping you attain post-conviction relief to protect your freedom and future opportunities.  

No matter the circumstances of your case, we believe your voice should be heard. When your freedom is on the line, our attorneys at Hug and Jacobs LLC will tenaciously fight on your behalf. Whether you live in Fremont, Lincoln, Papillion, or Wahoo, Nebraska, we're ready to take on your case. Contact our Omaha criminal law firm today to get set up with an initial consultation. 

Nebraska Post-Conviction Laws

Nebraska has specific laws and procedures that govern post-conviction relief. Under the Nebraska Post-Conviction Act, a motion must be filed within a certain time frame after the conviction, typically within one year from the final judgment. The Act also sets forth the standards for granting relief and the types of issues that can be raised, usually focusing on substantial errors that might have compromised the defendant’s case. 

Nebraska appellate courts also employ strict standards when evaluating post-conviction claims, focusing on whether any legal or constitutional errors adversely affected the defendant’s rights. 

A petitioner must show compelling evidence that their trial was tainted by legal or constitutional errors. Merely disagreeing with the outcome is insufficient; they must prove how these errors adversely impacted their rights.  

This high standard ensures that only cases with significant merit are considered for relief, maintaining the integrity of the judicial process while providing a safety net for those who experienced a fundamental injustice.

Grounds for Post-Conviction Relief

When seeking post-conviction relief, you need to present a persuasive argument backed by solid evidence.  

One of the primary grounds for seeking relief is the ineffective assistance of counsel. To succeed, a petitioner must demonstrate that their attorney’s performance was deficient and that this deficiency resulted in a prejudiced outcome. 

This could include failures such as neglecting to investigate crucial evidence, not objecting to inadmissible testimony, or failing to communicate effectively with the client. 

Newly discovered evidence is another powerful basis for post-conviction relief. This evidence must be both new and material—that is, it should not have been available at the time of the trial—and it should be capable of altering the trial’s outcome.  

Examples include witness recantations, newly found forensic evidence, or other significant proof that was previously overlooked or unavailable. 

Constitutional violations form a third vital category. The right to a fair trial is enshrined in the Constitution, and any infringement on this right can be grounds for relief.  

Examples include prosecutorial misconduct, faulty jury instructions, and the improper exclusion of key exculpatory evidence. Demonstrating such violations often requires a detailed examination of the trial records and a compelling argument that the violation substantially impacted the verdict. 

Understanding the Post-Conviction Relief Process

Navigating post-conviction relief can be intricate, but our job is to streamline the process for you. Here are the key steps involved: 

1. Filing a motion for post-conviction relief: The first step is to file a motion with the court, usually under the Nebraska Post-Conviction Act. This motion must clearly outline the grounds for seeking relief. 

2. Gathering evidence: We will gather all relevant evidence that supports your claims, including affidavits, documents, and transcripts. 

3. Hearing: In some cases, the court will schedule a hearing where we can present our evidence and argue your case. 

4. Court decision: After reviewing the evidence and hearing arguments, the court will decide whether to grant post-conviction relief. This could result in a new trial, a modified sentence, or even a complete dismissal of charges. 

5. Appeals: If the court denies your motion, there may be an option to appeal the decision to a higher court. 

Why Choose Hug and Jacobs LLC for Post-Conviction Relief?

At Hug and Jacobs LLC, we understand the gravity of your situation and are committed to providing the highest level of legal representation. Our experienced criminal defense attorneys possess in-depth knowledge of Nebraska post-conviction laws and are prepared to fight diligently on your behalf to achieve the best possible outcome.  

Don't let a conviction define your life—reach out to our dedicated team today for a comprehensive consultation and learn more about how we can assist you with post-conviction relief.