Post-Conviction Relief in Oklahoma
The Information You Need To Know
By Joshua C. Smith
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.
Post Conviction Relief in the State of Oklahoma
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:
- 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 the sentence has expired, the suspended sentence, probation, parole, or conditional release was unlawfully revoked, or you are 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.
“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:
- you cannot reargue issue that were already raised in your direct appeal and
- you cannot argue, for the first time, issues that could have and should have been argued in your direct appeal.
Making these arguments will not work because these issues will have already been decided, or will be deemed waived.
Post-Conviction Application
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.
Hiring an Attorney to Help
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.