Common Law / Statutory Remedies

Maryland Post-Conviction Relief Lawyers

Are you looking for an attorney to help a family member who has been convicted of a crime? If so, consider The Law Offices of Richard P. Arnold. Attorney Arnold has prosecuted and defended criminal cases since 1970. He has knowledge of the variety of post-conviction relief available to individuals who have been convicted and may have exhausted their appeal rights. For certain post-conviction relief, you have to either be incarcerated or on parole or probation. If neither applies to you, there may be other statutory remedies available. Also, if you have an older case that is still on your criminal record, you may be eligible for expungement, which is something our office could assist you with.

Would you like to talk to an attorney about post-conviction relief options available for yourself, a friend, or a family member? Please contact The Law Offices of Richard P. Arnold to arrange your consultation. Read about criminal law.

A writ of coram nobis is a common law remedy in Maryland stating that there has been a factual error in the original criminal proceedings. A writ of habeas corpus is a federal remedy stating that an individual has been held unlawfully.

Uniform Post-Conviction Procedure Act

An individual who has been convicted or sentenced for a crime may have post-conviction relief under the Uniform Post-Conviction Procedure Act. According to the Act, "Any person who has been convicted of or sentenced for a crime may institute a proceeding under the Act to secure relief if he claims:

• That the conviction or the sentence was in violation of the constitution, laws, or treaties 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 his sentence has expired, that his probation, parole, or conditional release has been unlawfully revoked, or that he is 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.

Contact our firm to arrange your consultation to discuss options that may be available.