William Blackstone was one of the pioneers of the system of jurisprudence we have in the United States today.
His “ratio” of 10:1 is one of our system’s core principles as stated in the maxim, “Better that 10 guilty persons escape than that one innocent suffer.”
Benjamin Franklin doubled down on Blackstone’s philosophy decades later. Franklin said, “It is better a hundred guilty persons should escape than one innocent person should suffer.”
However, leaders from predominantly socialist and communist countries thought that it was better to incarcerate the innocent than grant a guilty man freedom.
Neither approach is perfect. The competing philosophies wrestle with the notion that guilty people will evade punishment.
Because the U.S. developed our laws from English common law, we favor the approach of Blackstone and Franklin. However, untold scores of innocent people are wrongfully convicted each year in America.
Two questions follow from this cruel reality. Why do we continue to incarcerate the innocent? And what can you do if you know someone wrongfully convicted of a crime?
At the Law Offices of Kerry L. Armstrong, APLC, we believe in our nation’s judicial system, however imperfect. We zealously represent our clients with the expectation that justice will be served.
We have tried well over 100 cases with tremendous results and will continue to ferociously fight for justice if one of our clients suffers a wrongful conviction. We will not give up on you.
Steps to Take If You Are Wrongfully Convicted of a Crime
Facing a wrongful conviction can be overwhelming, but it’s crucial to know that there are steps you can take to fight for your freedom and justice. Although the path ahead may be difficult, having the right support and legal strategy can make all the difference.
1. Contact an Experienced Criminal Defense Lawyer
The first step after a wrongful conviction is to immediately seek the guidance of an experienced criminal defense lawyer. Your attorney can review your case, identify any legal errors that occurred during your trial, and develop a strategy for appeal. An attorney skilled in post-conviction matters will be your strongest advocate in pursuing justice.
At the Law Offices of Kerry L. Armstrong, APLC, we have a track record of successfully defending clients and seeking justice for those who have been falsely accused of a crime. We understand the intricacies of the legal system and are dedicated to protecting your rights.
Click to contact our experienced California criminal defense lawyers
2. File an Appeal
An appeal is a request to a higher court to review and change the outcome of your case. Grounds for appeal may include insufficient evidence, procedural errors, or new evidence that could exonerate you. It is essential to act quickly, as there are strict deadlines for filing appeals.
Appeals are complex, and it’s important to have a lawyer who understands how to navigate the appellate system. Your attorney will work to present arguments that demonstrate how your conviction was flawed and advocate for a new trial or a reversal of your conviction.
3. Investigate New Evidence
New evidence can be a powerful tool in overturning a wrongful conviction. This can include updated forensic testing, newly discovered witness testimony, or information that undermines the credibility of the prosecution’s case. DNA evidence has played a critical role in exonerating many wrongfully convicted individuals, and new technologies continue to enhance the ability to prove innocence.
Your lawyer may work with forensic experts and investigators to re-examine evidence from your case and explore all possible avenues to demonstrate your innocence.
4. Consider Post-Conviction Motions
In addition to appeals, there are post-conviction motions that may be available, depending on your case. These motions can be used to challenge the legality of your detention or to present new evidence. For example, a motion for a new trial can be filed if it is shown that the original trial was unfair or that new, compelling evidence has come to light.
Your attorney can advise you on the best post-conviction strategies based on the specific circumstances of your case.
5. Seek Support from Justice Organizations
Organizations such as The Innocence Project and the National Registry of Exonerations specialize in helping people who have been wrongfully convicted. These groups have the resources and expertise to support your case, particularly when it involves complex forensic evidence or cases of prosecutorial misconduct.
Working with a lawyer who has connections to these organizations can help you gain access to additional resources that may aid in your exoneration.
6. Stay Strong and Never Give Up Hope
A wrongful conviction can feel like the end of the road, but countless individuals have fought back and regained their freedom. Stay resilient, and lean on your legal team and support network. Your determination, combined with the efforts of a skilled defense attorney and justice advocates, can turn your case around.
At the Law Offices of Kerry L. Armstrong, APLC, we are relentless in our pursuit of justice. We understand that every moment counts when you’re wrongfully convicted, and we will fight tirelessly to clear your name.
Wrongfully Convicted Statistics
Organizations recently began keeping statistics on the impact wrongful convictions have on society and certain groups in particular.
The National Registry of Exonerations began keeping track of people freed after courts overturned their wrongful convictions in 1989.
In 2020 alone, 143 people won exonerations for crimes they were convicted of but did not commit. Updated DNA testing freed 19 of them.
Since 1989, 532 people have been freed from prison due to updated DNA testing, and 2,268 other innocent people were set free for other reasons.
That brings the total number of exonerations in the last three-plus decades to 2,932. In real-life terms, that accounts for 25,600 human years lost behind bars.
Wrongful convictions impact certain communities more than others. Out of the 2,932 exonerations, 1,439 people are Black, 362 are Hispanic, 1,035 are White, and 69 people are classified as “other” races.
Some types of crimes are more susceptible to wrongful convictions. The types of crimes break down as follows:
- All crimes—2,800;
- Homicide—1,101;
- Other—667;
- Drug Possession or Sale—392;
- Sexual Assault—343; and
- Child Sex Abuse—297.
Homicide cases get the most attention, even though every wrongly-convicted person deserves exoneration.
Why Do Wrongful Convictions Happen?
The National Institute of Justice breaks down wrongful convictions into two categories. They are factual innocence and a violation of the accused’s rights because of a procedural error.
Hopefully, pursuing post-conviction appeals and motions for a new trial expose and correct any procedural errors that arose during the trial.
Factual innocence is difficult to prove if there is no forensic evidence available. Thankfully, enhanced DNA testing has allowed wrongfully convicted individuals to go back and re-test evidence.
The Innocence Project found that 52% of the convictions they helped overturn involved bad forensic evidence.
Not every wrongful conviction resulted from DNA issues. For example, the FBI once used microscopic hair comparisons to identify suspects.
The procedure proved to be flawed after DNA exonerated two wrongfully convicted people who lost at trial because of flawed hair analysis. Fingerprint evidence can be misapplied as well.
However, some trial lawyers do not understand how DNA and fingerprint analysis work. If they lack this understanding, they cannot adequately represent their clients at trial if the case involves these procedures.
Inadequate representation can lead to a wrongful conviction because juries tend to believe scientific evidence without much scrutiny.
Therefore, at trial, it is critical to have a lawyer who knows how to effectively challenge scientific evidence.
Other causes of wrongful convictions include faulty eye-witness testimony, lying informants, false confessions, prosecutorial or official misconduct, and pleading guilty to crimes despite being innocent.
People sometimes confess and plead guilty to crimes they did not commit because they fear the uncertainty of a jury trial, and they hope to get a lighter sentence by taking a plea.
How Long Does It Take to Overturn a Conviction?
Overturning a conviction is difficult and time-consuming. Each case is unique, so the amount of time it takes to overturn a conviction varies widely. According to the Innocence Project, the average length of time someone serves behind bars before exoneration is 16 years, but there are cases where it has taken three decades or longer.
Real-Life Consequences for a Wrongful Conviction
Even if a wrongfully convicted person never spends a day in jail, they could suffer life-altering consequences such as:
- Deportation or exclusion from the United States if not a citizen;
- Having a criminal record;
- Having a felony conviction that cannot be expunged or dismissed;
- Difficulty finding employment;
- Losing your children;
- Facing enhanced penalties for future convictions;
- Experiencing financial difficulties; and
- Losing your driver’s license.
These are just a sampling of the disastrous consequences of a wrongful conviction.
Organizations Supporting the Wrongfully Convicted
As a society, we have tolerated wrongful convictions for years. Fortunately, a few lawyers knew that some cases deserved further scrutiny.
If you or someone you love is incarcerated for a crime you did not commit, then you can contact one of the following organizations for help:
- The Innocence Project;
- The Innocence Network;
- After Innocence; and
- The Freedom Project, Inc.
You can also call the Law Offices of Kerry L. Armstrong, APLC, for more information on how we can help you regain your freedom after a wrongful conviction.
Wrongfully Convicted Cases
Each year, several people regain their freedom thanks to the heroic efforts of lawyers and justice organizations who fight for the wrongfully incarcerated. Here are some recent victories:
- A 48-year-old man from Massachusetts won his freedom from a life sentence for a robbery and fatal shooting after a judge found police wrongdoing;
- A Georgia man regained his freedom after DNA on a ski mask worn during a robbery and killing exonerated him; and
- A North Carolina man received his freedom after serving 44 years out of an 80-year sentence for rape and burglary after exposing police misconduct that led to his conviction.
These are just a few examples of innocent people who never gave up hope and kept fighting for justice.
FAQs
What Are the Most Common Causes of Wrongful Convictions?
Wrongful convictions can result from a variety of factors, including faulty forensic evidence, mistaken eyewitness testimony, false confessions, and prosecutorial misconduct. It’s crucial to understand how these issues contribute to wrongful convictions in order to prevent them and seek justice for those wrongfully accused.
How Long Does It Typically Take to Overturn a Wrongful Conviction in California?
The length of time it takes to overturn a conviction can vary widely, but on average, individuals spend 16 years in prison before being exonerated. The process involves thorough investigations, appeals, and legal motions, all of which require time to ensure that the wrongful conviction is properly addressed.
Can I Seek Compensation if I Am Wrongfully Convicted?
Yes, individuals who have been wrongfully convicted may be eligible for compensation for the time they spent incarcerated, emotional distress, and other related damages. It’s important to consult with a lawyer to understand your rights and explore the best path for seeking justice and restitution.
Relentlessly Fighting to Overturn Wrongful Convictions – Contact Us to Schedule a Free Consultation
Contact the Law Offices of Kerry L. Armstrong, APLC, at 619-234-2300 right away if you face criminal charges.
We will get to work on your case and do what we can to prevent a wrongful conviction from occurring in the first place.
Our lawyers have won numerous prestigious awards for their dedication to justice. Additionally, the California State Bar Board of Specialization has certified Mr. Armstrong as a specialist in criminal law.
Call us today to speak with one of our award-winning criminal defense attorneys.
Where You Can Find Our San Diego Office Location
Kerry L. Armstrong
Rate this Post
Loading...