Understand Your Post-Conviction Rights
With more than 35 years of experience in the area of criminal law, our legal team at the office of Michael C. Hennenberg has extensive experience and has represented thousands of Ohio professionals to seek post-conviction relief. Post-conviction relief may include the following areas of law:
1. Judicial Release
Judicial release may be available to an eligible offender, as defined in Ohio Revised Code Section 2929.20, as “any person who, on or after April 7, 2009, is serving a stated prison term that includes one or more nonmandatory prison terms.” A person’s eligibility to file a motion for judicial release is also determined by the length of the sentence.
For example, a person serving a nonmandatory prison term may file a motion no earlier than 30 days after arrival at a state correctional institution if their prison term is less than two years.
In the preparation of a motion for judicial release, our team will:
- Meet with the applicant’s family and review the court records to verify the applicant’s judicial release eligibility
- Determine if an expert is needed who could lend support in seeking judicial release. For example, we have worked with professionals who have submitted reports and/or testified in the area of recidivism — the probability of the applicant reoffending
- Prepare and file a motion for judicial release in the sentencing court
- Appear at all scheduled court appearances
In some circumstances, criminal convictions on your record can be dropped. We can help you take the proper steps to requesting and securing expungement to protect your professional future. Michael C. Hennenberg has a deep understanding of the expungement process and what steps to take for the greatest change of success.
3. Motion To Vacate Plea And Set Aside The Judgment Of Conviction
For many reasons, including employment and immigration issues, an individual may need to attempt to vacate his or her plea and set aside his or her conviction. Since our opening, we have represented many individuals who committed either a misdemeanor or felony offense as a young adult and went on to better themselves through higher education. Years later, the individual finds he or she is unable to obtain the desired employment or professional licensure due to the prior conviction.
We will file a motion to vacate and request that the judgment be set aside.
4. Ohio State And Federal Appellate Practice
Attorney Michael C. Hennenberg is admitted to represent individuals on appeal in the United States Supreme Court, the United States Court of Appeals for the 6th Circuit, the Supreme Court of Ohio and Ohio Courts of Appeals.
Below are some common issues that Ohio criminal defendants raise in state and/or federal appeal:
- The state did not meet its burden in establishing the elements of the crimes charged.
- The arrest was illegal.
- The trial court allowed evidence to be presented at trial that was prohibited by the Ohio Rules of Evidence.
- The jury instructions were improper and misleading.
- The trial court did not follow the Ohio Rules of Criminal Procedure.
- The defendant’s trial counsel was ineffective, and these mistakes contributed to an unfavorable verdict.
5. Collateral Consequences
Collateral consequences are civil penalties that may accompany criminal penalties after a conviction. If you have a professional license, this could include the revocation of that license, or if you are pursuing a license, you may be barred from doing so.
Because your professional license is integral to your career, you will want to immediately contact a lawyer who can fight against these consequences and appeal to have your license reinstated if it has already been revoked or suspended.