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Brendan McHugh
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Home > Post Conviction/Appeal

Post Conviction / Appeal

The need for legal assistance does not always end with a plea or verdict. Often times there circumstances when a decision can and should be appealed.

State law allows any person who has been convicted of, or sentenced for, a crime to seek post conviction relief if they can show:

  • that the conviction or the sentence was in violation of the Constitution of the United States or the Constitution or laws of this state;
  • that the court was without jurisdiction to impose sentence;
  • that the sentence exceeds the maximum authorized by law;
  • that there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;
  • that his sentence has expired, his suspended sentence, probation, parole, or conditional release unlawfully revoked, or he is otherwise unlawfully held in custody or other restraint; or
  • that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding or remedy;

Let Brendan McHugh guide you through the high stakes appeals process of post conviction law.