Criminal Appeals
If you are convicted of a felony, you have a right to file an appeal to the Delaware Supreme Court to seek a reversal of the conviction. The notice of appeal must be filed within 30 days of a sentence. I have handled numerous appeals before the Delaware Supreme Court. My successful appeals include winning a new trial for capital murder defendant who was previously sentenced to the death penalty, and a reversal of a client's conviction for drugs and weapons offenses resulting in dismissal of all charges and release from a mandatory 26 year sentence.
Pardons and Commutations
A Governor's Pardon relates helps blunt the harsh impact of a criminal conviction. A pardon results in the restoration of many civil rights, such as the right to vote, and carry a weapon, that are affected by a criminal conviction. A pardon can also eliminate an individual's requirement to register as a sex offender. A pardon can result in the criminal record expungement for certain misdemeanors, although felony convictions are not subject to expungement. However, a pardon of a felony does indicate to a prospective employer that the misconduct was an aberration and that the person's conduct since the conviction has been exemplary and worthy of the pardon.
A Commutation is a reduction or modification of a sentence for an incarcerated person. A jail sentence can be suspended or reduced, even for mandatory jail sentences.
The Board of Pardons processes applications for Pardons and Commutations. The Board conducts a hearing after a Petition is filed. If the Board supports the application, the matter is then sent to the Governor for a final decision. I have extensive experience with both remedies and will guide you through the process.
Contact Michael W. Modica
For more information about post-conviction relief in Delaware, learn more about how to protect your rights. Contact me online or call 888-672-0082 to schedule a free initial consultation.
