The Information You Need To Know
If you have been convicted of a crime in Oklahoma, you are entitled to a direct appeal. However, if you have already exhausted your right to direct appeal you may file for post conviction relief if you have evidence that was not available to at the time of your appeal.
For these situations, the Oklahoma Legislature has enacted the Uniform Post-Conviction Procedure Act. This area of practice gives the criminal defendant, and his or her attorney, another avenue to collaterally attack a criminal conviction if you can claim in good-faith:
“It is crucial that you seek quality legal assistance immediately to preserve all of your constitutional rights”
If a person convicted of a crime in Oklahoma can show any of the above circumstances, than he or she is entitled to challenge the previous conviction. One thing to consider, however, is what you CANNOT argue on post-conviction:
Making these arguments will not work because these issues will have already been decided, or will be deemed waived.
Another point to be aware of when considering a post-conviction application is that you are not entitled to a court-appointed attorney during post-conviction. Even though you will be entitled to a court-appointed attorney for your direct appeal, you must retain private counsel for post-conviction or petition the court on your own behalf. It is never a good idea to undertake such a complex procedure without the guidance of al licensed attorney, as you will run the risk of waiving issues that may be relevant. Moreover, you need retained counsel to help assure your petition includes any and all federal claims that you may have in case you decide to pursue a Federal Habeas action.
If you or a loved one has been convicted of a crime in Oklahoma, you don’t have to concede defeat. There are numerous ways to overturn a wrongful conviction. It is crucial that you seek quality legal assistance immediately to preserve all of your constitutional rights. Joshua C. Smith is an experienced Appellate attorney who has worked on 1000’s of criminal cases and is passionate for defending the rights of Oklahomans.