Post-Conviction Relief Proceedings

Bloomington Post-Conviction Relief Proceedings Lawyers

A post-conviction relief petition can be commenced after a person has been convicted of a crime. Generally speaking, a post-conviction relief petition is an extraordinary remedy and is only utilized in special circumstances and only in criminal matters. A post-conviction relief procedure is governed by Minnesota Statute ยง 590.01, et. al.

Need a post-conviction appeal filed? Talk to an experienced criminal defense attorney at Villaume & Schiek, P. A. Call (952) 851-9500 to schedule your free initial consultation.

How And When A Post-Conviction Appeal Can Be Brought

A post-conviction relief petition:

  • Can only be brought after a direct appeal has been completed
  • May not be based on grounds that could have been raised on direct appeal of the conviction or sentence.
  • Should allege existence of newly-discovered evidence, including scientific evidence
  • Should contain evidence that could not have been found by the petitioner or petitioner’s attorney within the two-year post-conviction relief period
  • Should not contain evidence like the evidence presented at trial
  • Is not for impeachment purposes
  • Establishes a clear and convincing standard that the petitioner is innocent of the offense or offenses

You May Be Entitled To Compensation For The Crime

Recently, the Minnesota Legislature has indicated an interest in changing the language of a section of this law. This section addresses how and when someone who has been exonerated for a crime can seek compensation. Because there are specific steps and a specific timeframe to seek compensation–and because laws frequently change–it is wise to seek advice from an experienced criminal defense attorney first.

Want To File A Post-Conviction Appeal? Talk To Us First.

If you think your case may qualify for a post-conviction appeal, talk to the experienced criminal defense attorneys at Villaume & Scheik, P.A. in Bloomington. Call (952) 851-9500 or contact us online. Your initial consultation is always free.