Cincinnati Wrongful Conviction Lawyer

If you have been wrongfully convicted of a crime in the Hamilton County Court, it is crucial to speak with a Cincinnati wrongful conviction lawyer as soon as possible. The justice system is not infallible, and sometimes innocent people are convicted of crimes they did not commit. Unfortunately, rectifying these situations is extremely difficult, so legal counsel you can trust will be an invaluable asset to your case.

Helping Cincinnati, OH Clients With Wrongful Convictions

Spangenberg Shibley & Liber has recovered more than $1 billion in compensation for clients since 1946, and our professional record includes success with many difficult cases throughout Ohio. If you believe that the Ohio criminal justice system has failed in a way that resulted in your or your loved one’s wrongful conviction, it is crucial to speak with an experienced attorney as soon as possible about your legal options.

The Innocence Project is just one of many advocacy groups in the US challenging wrongful convictions, and as of January 2020, the Innocence Project had reported more than 375 successful exonerations using DNA evidence. A wrongful conviction occurs when an individual is convicted of a crime they did not commit due to a mistake of fact, mistake of law, or a violation of their rights.

Understanding Wrongful Conviction Cases in Cincinnati

In every criminal case in the United States, the defendant who has been charged with a crime must be proven guilty “beyond a reasonable doubt,” by a unanimous verdict from a jury of their peers. Proving guilt “beyond a reasonable doubt” is a much higher standard of proof than many people realize, and many criminal cases involve a wide range of evidence, including both physical and digital evidence as well as witness statements and expert witness testimony.

It is the defense attorney’s job to prevent their client from being convicted or, at the very least, to mitigate their client’s penalties when conviction is a certainty. The defense attorney will attempt to attack the prosecution’s evidence, question the credibility of the evidence presented against the defendant, and offer their own exculpatory evidence, ideally proving that their client could not have committed the offense in question.

Many wrongful conviction cases arise from the defendant making incriminating statements, not fully understanding their Constitutional rights during arrest and booking, or from intentional misconduct from the police and other parties handling the case. It can be overwhelming to imagine challenging the criminal justice system, but your attorney can explain what you can do.

The unfortunate reality is that a wrongful conviction may happen for various reasons:

• Many wrongful convictions have followed defendants’ coerced guilty pleas or confessions. Some of these individuals did not have legal representation and admitted to crimes they did not commit out of fear or because of threats from arresting officers and court officials.
  
• Unreliable informants and witness testimony have also led to wrongful convictions. Human memory is not always reliable, and some people have been wrongfully convicted of crimes they did not commit because of witnesses who mistakenly claimed to have seen them committing the crimes in question.
  
• Some defendants have attorneys who fail to provide the basic level of representation needed in their cases. If a defense attorney is unable to adequately challenge weak prosecutorial evidence, they are likely to fail to establish a credible defense for their client.
  
• Some wrongful convictions result from mishandled or misinterpreted forensic evidence. Many wrongful convictions throughout the US have been reversed thanks to DNA evidence that was not available during the original trial and was later used to prove that the wrongfully convicted defendant did not commit the crime in question.
  
• Police and prosecutorial misconduct may also lead to wrongful convictions if they knowingly withhold or suppress exculpatory evidence.

Ultimately, these are very complex cases that may involve civil rights violations, official misconduct, legal malpractice, unreliable witness testimony, or improperly validated evidence. Whatever your situation entails, it is crucial to hire a wrongful conviction lawyer as soon as possible to help you.

How to Challenge a Wrongful Conviction in Cincinnati

The team at Spangenberg Shibley & Liber can help you determine your most viable legal options for challenging a wrongful conviction in Cincinnati. After your conviction, the most direct option is filing an appeal with a higher court. A direct appeal aims to address mistakes of law or Constitutional rights violations that are already part of the official record.

You may also need to file a Petition for Post-Conviction Relief, which could enable you and your attorney to submit newly discovered evidence, show proof that the prosecution suppressed exculpatory evidence, or prove that your defense counsel in the original trial was inadequate. You may have grounds to petition for a new trial if the evidence you and your attorney are able to present in this way would have clearly changed the outcome of the original case.

An experienced attorney may also help you submit your case for review by the Hamilton County Conviction Integrity Unit, a newly established office that helps challenge wrongful convictions. Advocacy groups like the Ohio Innocence Project, the Wrongful Conviction Project run by the Ohio Public Defender’s Office, and Beyond Guilt are just a few examples of support resources that may be available to you.

Claiming Compensation for a Wrongful Conviction in Cincinnati

If your Cincinnati wrongful conviction attorney successfully has your wrongful conviction overturned, you may have grounds to claim compensation for the losses you suffered because of your conviction. Generally, the types and amount of compensation available in these cases hinge on the scope of the penalties you faced because of the wrongful conviction. If you spent time in prison, you may have grounds to claim lost income and the value of those years.

Whether you are pursuing accountability and justice after your own experience with a wrongful conviction or you are seeking justice on behalf of a wrongfully convicted family member, your Cincinnati wrongful conviction attorney will be a crucial asset for every step of this difficult case. You are not only more likely to succeed in having a wrongful conviction reversed with their help, but also have a better chance of securing appropriate compensation for this experience.

The team at Spangenberg Shibley & Liber is confident we can provide unmatched representation for your wrongful conviction case in Cincinnati. If you believe you have grounds to challenge a recent conviction, we can help, so reach out to our firm at your first opportunity to learn more about the legal services we offer.

FAQs

Q: What Is the Leading Cause of Wrongful Convictions?

A: According to a study conducted by Western Michigan University, eyewitness errors account for about 72% of wrongful convictions. An eyewitness may provide unreliable evidence due to the naturally fallible nature of human memory, or because of the pressure they feel to provide a conclusive statement in a criminal case. In rare cases, eyewitnesses knowingly provide false testimony, which can lead to perjury charges.

Q: Can You Sue if You Are Wrongfully Convicted of a Crime in Ohio?

A: You may have grounds to sue if you are wrongfully convicted of a crime in Ohio. However, you must not have pleaded guilty, and you must have the conviction dismissed, vacated, or reversed before you are eligible to seek compensation. A Cincinnati wrongful conviction lawyer can explain whether you have grounds to claim compensation for your wrongful conviction through a filing with the Ohio Court of Claims.

Q: What Compensation Can I Receive for a Wrongful Conviction?

A: The compensation you could receive for a wrongful conviction may include a set amount of compensation for each year you spent wrongfully incarcerated, compensation for income you would have otherwise been able to earn if you hadn’t been wrongfully convicted, repayment of your legal fees, and compensation for any other losses resulting from the wrongful conviction. Your attorney can estimate the total value of your claim.

Q: Can I Sue the Police or a Prosecutor for a Wrongful Conviction?

A: You may have grounds to file federal civil rights lawsuits against police or prosecutors, but only if you can prove that they fabricated evidence, knowingly withheld exculpatory evidence, or acted with clear malicious intent to secure a wrongful conviction. Police and prosecutors typically have qualified immunity from civil claims, but your attorney can determine the full scope of your legal options if you have experienced any type of civil rights violation.

Q: Why Should I Hire a Wrongful Conviction Lawyer?

A: You should hire a wrongful conviction lawyer because this is an inherently complex legal situation that requires the attention of an experienced attorney. It can be extremely difficult to have a criminal conviction reversed, and this requires following very strict procedural rules. Your attorney can carefully review your options and explain what to expect if they believe you have grounds to appeal a wrongful conviction. The attorneys at Spangenberg Shibley & Liber have years of experience advocating for the rights of clients in Cincinnati and throughout Hamilton County. If you believe the criminal justice system has failed and you or a loved one has been wrongfully convicted, we can help. Contact us today to schedule a consultation with an experienced Cincinnati wrongful conviction lawyer.