Olive Branch Post Conviction Appeal And Release Attorney
While a criminal conviction marks the unfortunate end of a trial, it marks the beginning of the post-conviction and appellate process. Just because you have been convicted of a crime does not mean you have no rights. Days, months or years after your conviction, you can still benefit from the assistance of an experienced criminal defense lawyer.
At the Law Offices of James D. Franks, we handle criminal appeals and post-conviction relief matters for clients throughout DeSoto County and across Mississippi. Defense lawyer James D. Franks has more than 40 years of experience and can help you pursue the best possible outcome in your post-conviction criminal matter.
Experienced Attorney For Post-Conviction And Appellate Matters
Often, an individual’s legal battle continues beyond trial and appeal. Our law firm has significant experience representing individuals who have already been convicted but still have need for a lawyer to help ensure the earliest possible release date.
Parole Board application hearings: When an inmate reaches his parole eligibility date, he is entitled to be represented by an attorney at his hearing before the Parole Board. This hearing is often an excellent opportunity for the prisoner to be allowed to return to his family, if the facts of his crime, and his financial, family, and employment situation are presented to the Parole Board in an appropriate way.
Parole application packages: A less expensive route is to have an experienced attorney prepare a Parole Package, which is forwarded to the Parole Board prior to its hearing. This package contains the information which the Parole Board needs to grant Parole to an inmate.
House arrest applications: House arrest is a sentencing alternative which allows an individual to remain out of prison during his sentence period by having an electronic monitoring device attached to his ankle. There are two methods of monitoring House Arrest:
1) MDOC Monitoring: This method is at no charge to the individual, but the defendant cannot leave the state of Mississippi at any time for any reason. The individual must live and work exclusively in Mississippi. This method requires a telephone land line at the Defendant’s home.
2) Private Monitoring: This method allows an individual to live and/or work outside of the state. Monitoring cost $300to $400 per month. This method can employ either a telephone land line or a GPS ankle monitor.
House Arrest can be requested at two stages of the proceedings:
1) Court-Ordered: The Judge can order the Defendant placed in either MDOC-monitored House Arrest or in Private-Monitored House Arrest.
2) MDOC-Ordered: Even if the Judge refuses to order House Arrest in his Sentencing Order, House Arrest can be requested, often successfully, from MDOC. However, MDOC cannot order Private-Monitoring House Arrest.
A Direct Appeal is an appeal that is filed within 30 days of a conviction and sentence. Certain issues must be argued on Direct Appeal, or they are prohibited from being raised at all. Other issues cannot be raised on Direct Appeal and must be raised by filing a PCR or Administrative Appeal.
An Administrative Appeal is an appeal of a decision or interpretation by the Mississippi Department of Corrections (MDOC). Often it is necessary to file an Administrative Appeal when MDOC refuses to acknowledge that a prisoner is eligible for parole or other administrative time reduction. An Administrative Appeal is filed in the Circuit Court in the county where the inmate is housed. It is not filed with MDOC or with the Circuit Judge who sentenced the inmate, both of whom may have hard feelings toward the inmate. Some of these administrative time reductions include:
- Earned Time (ET)
- Meritorious Earned Time (MET)
- Trustee Time (30 for 30)
- House arrest
Post-Conviction Relief Petitions (PCR)
In Mississippi, a trial judge cannot grant a reduction of a sentence that has been entered, commonly called a “Time Cut.” However, a post-conviction relief petition is available to correct many unjust sentences, trials or even pleas of guilty. A PCR can be filed up to three years after the entry of a final order, whether the case was appealed or not, and in some circumstances, the three-year limit does not apply. Our law firm will quote a flat fee to investigate your case to determine whether there are issues upon which a PCR could be effective in your matter and whether there is a reasonable likelihood of success if a PCR is filed. We will then quote you a fee for the actual PCR lawsuit. Attorney James D. Franks is very experienced at investigating, filing and winning PCRs.
Contact Us • Desoto County Parole Application Lawyer
If you need representation for a post-conviction criminal matter in Mississippi, we are here to help you mount a strong defense. Contact us online or by telephone at 662-298-4296 or toll free at 800-219-0753 to arrange a consultation with a knowledgeable Olive Branch post-conviction appeal lawyer.