Exoneration is different from an acquittal or expungement. An acquittal occurs when a jury or judge determines that the defendant in a criminal case is not guilty of a crime. The acquittal comes after a criminal trial. An expungement is a court order sealing or destroying court records of an arrest or conviction.
An exoneration is post-conviction relief determining that the person was wrongfully convicted. The court determines that the person is not guilty of committing the alleged crime. There are many reasons why a person might be exonerated, including newly discovered evidence and official misconduct.
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What Is the Process for Exoneration in Maryland?
There are several ways a person may seek exoneration in Maryland. The most common paths to exoneration are direct appeals and post-conviction relief. Defendants can seek exoneration for a misdemeanor or felony conviction.
Direct Appeals in Criminal Cases
Direct appeals begin after the trial ends. An appeal allows a defendant to contest their conviction with a higher court. Decisions made by the District Court can be appealed to the Circuit Court. If you disagree with the Circuit Court decision, you can appeal the case to the Maryland Court of Appeals.
Reasons for an appeal include:
- Trial procedure errors
- Attorney misconduct
- Violation of your rights
- Ineffective assistance of counsel
- Misrepresented evidence
- Inappropriate rulings
The higher court reviews the trial proceedings to determine if legal errors could have impacted the trial outcome. A direct appeal could result in a reversal of the conviction or sentence. The higher court could order a new trial.
Post-Conviction Relief in Criminal Cases
Post-conviction relief (PCR) is another path to exoneration in Maryland. Two ways a defendant can obtain PCR are by filing a motion for a new trial and by filing a writ of habeas corpus.
Motion for a New Trial
The court may grant a new trial if it finds a judgment was improper or unjust. New trials may also be granted when there is newly discovered evidence or DNA evidence.
Prosecutorial misconduct is a common reason for a new criminal trial. Misconduct by the prosecutor could include making improper statements to the jury, introducing false evidence, or withholding evidence from the defense.
Writ of Habeas Corpus
Your attorney may file a writ of habeas corpus after your criminal trial to challenge your imprisonment. Your attorney may argue that your imprisonment violates your constitutional rights because you are innocent of the criminal charges. Evidence must support your allegations that you are innocent and should not be in prison.
Reasons for Wrongful Convictions in Maryland
Unfortunately, accused individuals are wrongfully convicted for many reasons.
Common reasons for wrongful convictions include, but are not limited to:
- Misinterpretation or misuse of forensic evidence
- Eyewitness misidentification
- Police mistakes
- False convictions coerced by law enforcement officers
- Violation of constitutional rights
- Perjured testimony by witnesses
- Misconduct by prosecutors and police officers
- Errors made by the court
- Inadequate legal representation
- Prejudice and systemic discrimination
- Juror misconduct
A person may be factually innocent of the criminal charges and still be found guilty after a trial because of mistakes or misconduct.
Why Do I Need a Maryland Criminal Defense Lawyer to Seek an Exoneration?
Filing an appeal, a writ of habeas corpus, or a motion for a new trial is only the first step in seeking an exoneration. Navigating the process can be challenging enough, but arguing the legal merits of your desired relief is more complicated. Extensive knowledge of the law and trial experience are required to present a convincing argument for exoneration.
Hiring a criminal defense lawyer in Maryland has numerous benefits, including:
Access to Resources
An attorney has resources that can help you win your case. Your lawyer may hire experts and investigators to review the evidence and assist with obtaining new evidence to support your allegations of a wrongful conviction. Law firms often have a network of experts and professionals they can utilize to assist with cases.
Knowledge of the Process
An experienced criminal defense attorney will thoroughly explain the process of seeking an exoneration. They evaluate your case to determine which course of action may be the most effective and result in an exoneration. A lawyer guides you through each stage of the process, so you are informed and confident as you seek to undo a wrongful conviction.
Sound Legal Arguments
Wrongful conviction lawyers understand the grounds for overturning a conviction. They know the law and how to apply the law to your case. An attorney with little to no experience handling these types of cases may not be as effective when developing legal arguments. An experienced criminal defense lawyer will develop compelling legal arguments based on evidence, facts, and laws.
Get Help With a Criminal Case in Maryland
A strong defense is the best way to protect your rights and freedom if you are arrested in Maryland and are seeking an exoneration. Contact Alpert Schreyer Criminal Defense Lawyers for a free consultation with our Maryland defense attorneys. We fight to ensure you receive a fair and just outcome in your criminal case.