Post-Conviction Remedies

In criminal cases, there are two types of post-conviction remedies: direct appeal and post- conviction appeal.

A direct appeal is an appeal that is taken immediately after a person has been found guilty of a crime (the proper appeal documents must be filed very quickly, so if you or someone you know has been convicted, contact Nevada Defense Group immediately before the time expires!). This is initiated by filing a Notice of Appeal. Felony appeals are heard by the Nevada Supreme Court and Nevada Court of Appeals; misdemeanor appeals are heard by the District Court.

If your direct appeal has been denied, the next step is to consider what other post- conviction remedies are available. The most common is to file a Petition for Writ of Habeas Corpus alleging ineffective assistance of counsel. However, these filings are very complicated and have many legal requirements, so it’s best to contact Nevada Defense Group rather than try to tackle this yourself. Petitions filed by an attorney are significantly more likely to be considered on the merits than a Petition filed by a non-attorney.

Other types of remedies may also apply, such as a Petition for Writ of Mandamus (which is commonly filed when appealing an administrative agency decision) and a Petition for Writ of Certiorari (when challenging the jurisdiction of the lower court). Contact Nevada Defense Group today for a free consultation to see what remedies exist for your case.