Post-Conviction Law

Law Office of Daniel J. Wright

Due to the unfortunate policies of mass incarceration that have filled the prisons with life, life-without-parole, and other excessive sentences, the Courts have developed a complicated set of rules to allow persons who have already been convicted of a crime to have their convictions reviewed. These rules are often difficult to apply and unclear in their purpose. Yet when used in the correct way they can win the freedom of persons who have sometimes spent decades behind bars away from their loved ones and subject to the harsh conditions of prison life.

Your Case Isn’t Over

If you have been convicted, your case is NOT OVER. You have the right to appeal the decision in your case or attempt to get your record expunged. With the help of a post-conviction attorney, you can seek the justice you were previously denied.

• Do you believe that a judge, jury, prosecution, or your original defense team made an error in your case?
• Was there a mistake in the handling of evidence or the legal procedure of your case?

If any of these scenarios truly apply to you and your case, your may have the foundation for an appeal that can help commute or even eliminate your sentence. An experienced post-conviction attorney can investigate the factors involved in your original case work, and help you determine if you were denied due process.

We are experienced in handling all of the following:

• Petition for post-conviction relief (appeals)
• Writs of habeas corpus (unlawful detention)
• Expungement and record sealing (for arrests or convictions)
• Expungement in cases on “stet docket” (charges that are not being actively persecuted and are in state of indefinite postponement)

Appeals Process

In any case, there may be a number of potential grounds for an appeal, including legal errors on the part of any number of players that could occur at any stage of your case. A legal error may include the failure to suppress illegally obtained evidence, the lack of evidence to support a verdict, a mistake in proper jury instruction, misconduct of jury, or even an error by your original defense team.

Wrongful Convictions

Some of the tools that are available to remedy wrongful convictions are Post-Conviction proceedings (for people who are incarcerated but wish to challenge their conviction), Coram Nobis proceedings (for people who are no longer serving a sentence), Motions to Correct Illegal Sentences (when a sentence is illegal), Writs of Actual Innocence (for newly discovered evidence showing that the defendant is in fact innocent) and Writs of Habeas Corpus (an ancient writ that serves many purposes, including obtaining the release of the defendant). This isn’t an exhaustive list, but just them most frequently invoked.

As an experienced criminal attorney, Mr. Wright has visited many prisons and knows full well that many prisoners experienced errors in their trials – sometimes very significant errors. For example, research revealed that one of his post-conviction clients had been convicted of a crime that he wasn’t even charged with. Another was convicted of a crime that he had been acquitted of earlier. Still another had an attorney who didn’t ask a single question during the trial. This can happen when trial counsel is not effective and fighting for their client.

Post-conviction proceedings can be the last chance for an incarcerated individual to win their freedom and find justice. Contact the skilled team at the Law Offices of Daniel J. Wright today to get justice now.

Perjury by Prosecution Witnesses

Unfortunately, post-conviction procedures can be unfair:http://www.jurist.org/hotline/2015/10/daniel-wright-post-conviction.php

The wrongful murder conviction of Charles Scott was vacated after 50 years. He was locked up as a teenager and only freed after five decades in prison.

Mr. Wright has spoken out against life-without-parole and other excessive punishments.
http://www.jurist.org/hotline/2016/02/daniel-wright-second-look.php

Welcome home, John Artis!

John was locked up for more than 30 years in the brutal squalor of Maryland’s maximum-security prison system. Notwithstanding the harshness and desolation of his surroundings, he knew he wanted to better himself and fight his unjust conviction. John learned to read in prison from another inmate. He studied his transcript. He studied the law. He worked for years. He determined that his trial was fatally flawed due to the trial judge giving an incorrect jury instruction on the definition of what constitutes a reasonable doubt. At first, no one believed him. No one. His post-conviction lawyer didn’t believe him and refused to make the argument (on principle, he said). The prosecutor said he was wrong. The trial judge told him he was wrong. John persisted. He wrote to more than 100 lawyers asking for help. Not one answered him until Mr. Wright did and offered his help. Together, they put together a petition seeking to re-open his post-conviction hearing and present the issue. The circuit court opened the door a crack, but then turned him down. They filed an appeal to the then-Court of Special Appeals, which reversed the circuit court and adopted John’s theory as the law. His convictions were vacated. After a bit of legal wrestling, John walked out of prison a free man. John’s story is a tribute to perseverance and self-improvement through study. He never gave up hope and never gave up his fight for freedom. When things were at their bleakest, Mr. Wright promised John he would buy him a steak dinner when he got out. This was a promise he was happy to honor.