Law Offices of Kenneth H. Lewis
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How Does Someone Combat a Conviction with New Evidence?

When people are convicted of a crime, they often think the case is over; however, many cases are overturned because of new evidence that is brought to the court’s attention. Many people believe that new evidence is introduced through an “appeal” of the case, but this is a misunderstanding. New evidence must be introduced to a “closed” case through a writ of habeas corpus.

Writ of Habeas Corpus

A writ of habeas corpus is a legal document that asks the court to reopen the case based on new/unheard evidence that was not available during the original. This is not an appeal of the case (as an appeal mainly talks about the court case as it occurred), but an attempt to provide new insights into the case based on new evidence that could not have been found during the trial.

Situations were a writ of habeas corpus can be used:

  • A witness comes forward with critical information
  • New evidence is unearthed
  • Testing of old evidence results in new information
  • An old witness remembers critical information

As you can see, a writ of habeas corpus puts forth new and unheard information into a case when that information was not available during the case’s proceedings. If you or a loved one have new information concerning a “closed” case, you may change the outcome of the conviction/sentence through a writ of habeas corpus.

Call now for a free consultation concerning you or a loved one’s case!