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Post-Conviction Relief in Nevada

When a judge or jury finds you guilty of a crime, you may have legal options to obtain relief from your convictions, such as overturning your conviction or sentence or receiving a new trial. Unfortunately, courts only grant post-conviction relief in limited circumstances. You need highly experienced and knowledgeable legal counsel to present the most robust case for your right to post-conviction relief. Contact Adras & Altig today for a free case evaluation to discuss your options for pursuing post-conviction relief in Nevada with a Las Vegas criminal lawyer. 

Client Reviews from Successfully Resolved Criminal Cases

Our criminal law attorneys have been helping Nevadans for over 20 years. Here are just a few reviews from clients we’ve helped over the years:

5 out of 5 stars

Outstanding job by my attorney Paul Adras and Angelica from the front desk thanks to them I got the results I wanted 👍

  • David Herrera 

5 out of 5 stars

Steven Altig was great at answering all my questions. And he did a great job to get my charges reduced. His suggestions were extremely helpful with my case, he knows what he’s talking about. So if he gives you advice, it’s best to use it! Thank you to the entire team!

  • Rachel Williford

5 out of 5 stars

I one thousand percent recommend this law office my son got a citation and was suppose to go to court in Oct Paul and Sarah started working on the case and got it dismissed even before court date.Paul took the time to answer all my questions and Sarah has been so good at communicating me every detail and answers all my questions. Very quick to respond I would recommend.

  • Jackie Becerra

What Is Post-Conviction Relief?

Post-conviction relief refers to the various legal avenues a criminal defendant may pursue to overturn or obtain legal relief from a conviction. Depending on the form of relief, a defendant may have their criminal conviction or sentence overturned and obtain a new trial, sentencing hearing, or dismissal of their charges. In some cases, post-conviction relief can relieve a defendant from the consequences of a criminal conviction, such as a sentence, community supervision, loss of various rights, and a public criminal record.

The Difference Between Post-Conviction Relief and Direct Appeals

Post-conviction relief typically refers to petitions for writs of habeas corpus. Writs of habeas corpus differ from direct appeals from criminal convictions in various ways. First, direct appeals and post-conviction relief have different timing rules. A defendant must file a notice of a direct appeal within 30 days of their conviction or sentence. Conversely, a defendant may have up to one year to file a petition for a writ of habeas corpus if they filed a direct appeal of their criminal conviction.

Direct appeals and post-conviction relief also challenge different aspects of a criminal conviction. A direct appeal requires a defendant to prove that they did not receive a fair trial or that the trial court made a legal error in one or more of its rulings, such as:

  • Decisions to admit or exclude evidence or witnesses
  • Rulings on objections during trial
  • Formulation of jury instructions
  • Rulings on post-trial or post-sentence motions, such as motions for judgment of acquittal

Conversely, post-conviction relief challenges the constitutionality of a defendant’s conviction or sentence. Many petitions for writ of habeas corpus allege that a defendant received ineffective assistance from counsel, such as when counsel fails to correctly advise them on the applicable law, investigate forensic evidence or witnesses, or adequately communicate with them before and during trial. A defendant may also seek post-conviction relief by arguing that they received an illegal sentence or that the trial court lacked jurisdiction to enter the judgment of conviction. 

Protect Your Rights by Enlisting a Criminal Defense Attorney in Las Vegas

A defendant has limited grounds to seek post-conviction relief, making it critical to have experienced legal representation who can evaluate a defendant’s rights and persuasively advocate for their interests. A criminal defense attorney can help you protect your rights, reputation, and future through post-conviction relief by:

  • Thoroughly reviewing the pre-trial docket and trial proceedings to identify potential errors that may entitle you to post-conviction relief
  • Evaluating your legal options for relief, such as filing a direct appeal or writ of habeas corpus
  • Drafting your legal filings and preparing compelling arguments in support of your right to post-conviction relief
  • Representing you and advocating for your interests during court hearings for your post-conviction relief proceedings
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Types of Post-Conviction Relief

Some of the most common forms of post-conviction relief that a defendant may pursue after a jury or trial judge finds them guilty of committing a criminal offense include:
Motions to Withdraw a Plea
  • After a conviction entered on a guilty plea, a defendant may move to withdraw their plea. In many cases, defendants must demonstrate good cause to withdraw their plea, such as presenting evidence of actual innocence or proving that they did not knowingly, intelligently, or voluntarily enter their guilty plea due to ineffective assistance of counsel, duress, or coercion. 
Motions for a New Trial
  • Following a jury verdict finding them guilty, the defendant may file a motion for a new trial, arguing that one or more errors during the trial or pre-trial proceedings adversely affected the outcome of the jury’s verdict, such as erroneous evidentiary rulings by the trial court or juror misconduct. They might also argue that the jury’s verdict lacked sufficient supporting evidence in the record. 
Appeals
  • A defendant may file a direct appeal from a guilty verdict in a criminal trial by asserting that the trial court committed one or more legal errors that affected the trial’s outcome. An appeal does not allow a defendant to reargue the evidence or present new evidence. Instead, when they convince an appeals court that the trial court erred in its rulings, it may vacate the judgment of conviction or order a new trial.  
Writs of Habeas Corpus
  • In federal and state courts, criminal defendants may pursue writs of habeas corpus, a collateral attack on their conviction. A defendant may petition for a writ of habeas corpus by arguing that they received ineffective assistance from legal counsel, received an illegal sentence, or that newly discovered evidence tends to prove their innocence. 
Early Termination of Probation
  •  A defendant serving a probation term may petition the court for early termination if they can demonstrate excellent behavior while on probation. 
Commutations
  • In Nevada, a defendant may receive a commutation from the State Board of Pardons, which reduces their sentence. A commutation can reduce a sentence from the death penalty to life without parole or shorten the length of a term-of-years sentence. 
Pardons
  • Following a conviction, a defendant can petition the governor for a pardon of a state conviction or the president for a pardon of a federal conviction. A pardon secures a defendant’s immediate release from their sentence for the pardoned conviction and relieves them from any legal disability caused by that conviction, including restoring their voting or firearm rights.
Record Seals
  • In Nevada, a defendant can petition the court to seal records of various qualifying arrests, prosecutions, and convictions. A record seal restricts public access to criminal records.

Contact Our Firm Today for Help with Post-Conviction Relief

After a guilty verdict on criminal charges in Las Vegas, you need experienced legal counsel to help you explore your options for post-conviction relief. Contact Adras & Altig today for a free, confidential consultation with a knowledgeable post-conviction attorney. We’ll discuss the potential avenues for legal relief and how our firm can help you fight your conviction.