If you've already been convicted of a crime and feel your trial wasn't fair or your rights were violated, you still have options under Nebraska law. Post conviction relief can give you the opportunity to raise issues that may not have been addressed during your trial or direct appeal. Pursuing relief after conviction can be your next step toward justice.
Winning post conviction relief isn’t just about paperwork or legal arguments—it’s about building a strong, fact-based case supported by the right legal strategies. Working with a criminal defense lawyer at Anderson, Creager & Wittstruck, P.C., L.L.O. in Lincoln, Nebraska, who has a proven track record can make a significant difference in how your petition is prepared, presented, and argued. Don’t wait, and reach out today.
What Post Conviction Relief Means
Post conviction relief is a legal process that allows someone convicted of a crime to challenge their conviction or sentence. In Nebraska, this process typically involves filing a motion in the court that handed down the conviction. It’s a separate process from an appeal, though both aim to correct legal errors or injustices.
Post conviction relief usually targets issues that couldn’t be fully addressed on appeal, such as facts outside the trial record or constitutional violations. The stakes are high, so it’s crucial to work with a criminal defense lawyer, like Bob Creager at ACW Law, who knows Nebraska’s post conviction process inside and out.
Grounds for Seeking Relief
The first thing your criminal defense lawyer will do is identify legitimate legal grounds for your petition. Nebraska law allows several specific reasons to file for post conviction relief, especially if your constitutional rights were affected.
Ineffective assistance of counsel: You can argue your trial attorney didn't provide adequate representation—such as failing to investigate, file motions, or call critical witnesses.
Prosecutorial misconduct: If the prosecution withheld evidence, misled the jury, or acted unfairly, it may qualify as grounds for relief.
Newly discovered evidence: If there's new evidence that could’ve changed the trial's outcome, your lawyer may request a new trial.
Illegal sentence: If the sentence imposed doesn’t match statutory guidelines, relief may be available.
Due process violations: Any action that infringed on your constitutional rights—such as an unlawful confession or unfair identification procedure—may be challenged.
Once grounds are identified, your lawyer will begin drafting your petition and compiling evidence that supports your claims. This groundwork is critical and sets the stage for what comes next.
The Importance of Timing
Nebraska law imposes strict time limits on when a post conviction petition must be filed. Typically, you must file within one year from the conclusion of your direct appeal or, if no appeal was filed, within one year from the judgment becoming final. There are exceptions, such as newly discovered evidence or changes in the law that apply retroactively.
Filing too late may result in your petition being dismissed without a hearing. This makes it essential to consult with a criminal defense lawyer quickly if you believe you have a valid claim for relief.
Building a Strong Petition
The success of your motion depends heavily on how well it’s drafted and supported. The petition must include specific allegations and be backed up with facts, documents, and affidavits when possible.
Factual details: Your lawyer will outline what went wrong in your case, providing dates, names, and events that support your claim.
Legal authority: The petition should reference relevant Nebraska statutes and constitutional protections to make your argument legally sound.
Supporting documents: This could include witness affidavits, trial transcripts, emails, or anything else that helps prove your point.
After the petition is submitted, the court will review it and decide whether a hearing is necessary. A strong petition increases the odds that the court will take your claims seriously and move the process forward.
What Happens During the Hearing
If the court grants a hearing, this is your opportunity to present evidence and call witnesses. It’s not a re-trial, but it’s your chance to prove that a significant legal or factual error occurred.
Live testimony: Your lawyer may call professional witnesses, former attorneys, or other individuals who can testify about the issues raised in your petition.
Cross-examination: The state will have a chance to challenge your evidence and question your witnesses.
Argument: Your criminal defense lawyer will make a legal argument to the judge, tying the evidence back to constitutional violations or other grounds for relief.
After the hearing, the judge may take time to review the case before issuing a written decision. A favorable ruling could result in a new trial, a new sentence, or even dismissal of the charges.
Transitioning From Denial to Appeal
Not every petition for post conviction relief is successful. If the court denies your motion, that’s not the end of the road. You may be able to appeal the decision to the Nebraska Court of Appeals or the Nebraska Supreme Court. Your lawyer will assess whether the judge made legal errors that can be challenged on appeal.
This is another reason why the initial petition must be strong—because the appellate court will largely rely on the original record when reviewing your case. A poorly constructed petition can limit your ability to seek higher review.
Steps You Should Take Right Now
If you’re serious about filing for post conviction relief, start by taking these steps. Timing and preparation are everything, and every move you make now can affect your chances down the road.
Act quickly: Check the calendar and see how much time has passed since your conviction or final appeal.
Request case records: Obtain all court records, transcripts, and attorney files related to your case.
Consult a criminal defense lawyer: Schedule a meeting with someone experienced in Nebraska post conviction cases.
Gather evidence: Think about what evidence you have—or could get—that supports your claim.
Don’t speak to prosecutors: Avoid making any statements without your lawyer present.
Starting off on the right foot helps your lawyer do their job effectively. These early actions lay the groundwork for a stronger petition and a better shot at relief.
When You Might Not Qualify
There are situations where post conviction relief may not be available. For example, if your claim was already addressed in a previous appeal or if your sentence has already been served, you may not meet the criteria for relief. Nebraska courts typically won’t revisit claims that could’ve been raised earlier but weren’t.
Still, even if you’re not sure whether you qualify, it’s worth speaking with a criminal defense lawyer to evaluate your options. In some cases, alternative remedies like motions to reduce sentence or clemency petitions may be worth pursuing.
Relief Doesn't Mean Automatic Release
It’s important to understand that winning post conviction relief doesn’t automatically mean you’ll walk free. The court’s ruling might grant you a new trial, order resentencing, or vacate the conviction. From there, your case may return to square one—meaning new motions, new hearings, or even another trial.
This process can take time, and success doesn’t always mean immediate release from custody. Your criminal defense lawyer will walk you through the options and help prepare you for each possible outcome.
Contact ACW Law Today
Post conviction relief offers a second chance to right a wrong—but only if you have a knowledgeable criminal defense lawyer on your side. At Anderson, Creager & Wittstruck, P.C., L.L.O., we fight for our clients in Lincoln, Nebraska, and throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County. If you believe your rights were violated or your conviction was unjust, we’ll help you take the next step toward justice. Call us today.
