Once your appellate rights are exhausted, it may seem as though all hope is lost. However, there is yet another way to challenge your conviction.
In a PCR petition, you may raise new claims that were not available to you on direct appeal. A PCR lawyer must have a strong understanding of the processes associated with a PCR. Our team has experience on both sides of the aisle — as both a prosecutor and criminal defense attorney. Our team knows how to conduct an effective investigation in support of your PCR relief proceeding.
There are several situations that may prompt the need for post-conviction relief efforts. In Alaska, they include but are not limited to:
(1) that the conviction or the sentence was in violation of the Constitution of the United States or the constitution or laws of this state;
(2) that the court was without jurisdiction to impose sentence;
(3) that a prior conviction has been set aside and the prior conviction was used as a statutorily required enhancement of the sentence imposed;
(4) that there exists evidence of material facts, not previously presented and heard by the court, that requires vacation of the conviction or sentence in the interest of justice;
(5) that the person’s sentence has expired, or the person’s probation, parole, or conditional release has been unlawfully revoked, or the person is otherwise unlawfully held in custody or other restraint;
(6) that the conviction or sentence is otherwise subject to collateral attack upon any ground or alleged error previously available under the common law, statutory law, or other writ, motion, petition, proceeding, or remedy;
(7) that (A) there has been a significant change in law, whether substantive or procedural, applied in the process leading to the person’s conviction or sentence; (B) the change in the law was not reasonably foreseeable by a judge or a competent attorney; (C) it is appropriate to retroactively apply the change in law because the change requires observance of procedures without which the likelihood of an accurate conviction is seriously diminished; and (D) the failure to retroactively apply the change in law would result in a fundamental miscarriage of justice, which is established by demonstrating that, had the changed law been in effect at the time of the applicant’s trial, a reasonable trier of fact would have a reasonable doubt as to the guilt of the applicant;
(8) that after the imposition of sentence, the applicant seeks to withdraw a plea of guilty or nolo contendere in order to correct manifest injustice under the Alaska Rules of Criminal Procedure; or
(9) that the applicant was not afforded effective assistance of counsel at trial or on direct appeal.
The relationship between drugs, alcohol, and crime is complex. Most directly, it is a crime to buy, use, possess, manufacture, or distribute illegal drugs. Drugs and alcohol also impact crime indirectly via the effects they have on users’ behavior and by their association with violence and other illegal activity.
Some of the “minor” property crimes may not carry severe penalties in court but have lasting effects on your record. Not many employers would be interested in hiring individuals with any type of property offense on their record. These cases must be defended aggressively as possible, and our team is here to help.
Being charged with a sex crime is terrifying. The confusion, anxiety, and social stigma can be a difficult burden to carry alone. What started as a nice evening and ended in what you thought was consensual sex, could turn into a lengthy jail sentence and lifelong sex offender registration. Our team is here to help.
In Alaska, weapons charges include unlawful possession, unlawful carrying of a concealed weapon, unlawful discharge of a firearm, illegal sale or trafficking, or misconduct involving weapons. Alaska punishes these offenses harshly, which can damage your reputation and negatively affect your Constitutional rights.