According to National Registry of  Exoneration more than 2,000 men and women have been exonerated after being wrongfully convicted. A lot of them were sentenced to death. Surely there are many more – thousands even – that remain in prisons across this country for crimes they never committed. Sometimes evidence is discovered after the trial is over.   The evidence may have been illegally suppressed by police and prosecutors. The evidence may even have been made up and corrupt.  Sometimes the accuser has lied. Furthermore, there have been hundreds of post-conviction DNA exoneration and eyewitness mis-identification testimony (the leading cause of wrongful convictions). Regardless of the evidence’s nature, an innocent person is in prison. How do you get them out?

Most people think a simple letter to the judge alerting him or her to the innocent person will result in immediate release. Sometimes the staff in the Judge’s office will open the letter and dismiss it unethically. But, many more times the Judge will feel bound by the Ohio Rules of Criminal Procedure from taking any action and he would be correct. These rules state that a person convicted who has discovered new evidence must do so within 120 days of the entry of a guilty verdict on the charge.

With so many wrongfully convicted persons and such an obscure process, how are you going to get someone out of prison?  A skilled Ohio Criminal Defense attorney will know the process and even beyond the 120 day limit knows plenty of legal maneuvers that are available.  Creativity and a relentless attitude can get the job done.  Many times, even after the Judge exonerates a wrongfully convicted person on the basis of DNA or other evidence, Ohio prosecutors will appeal the ruling – sparking concern about their commitment to justice.  But,

Even after a judge exonerates a wrongfully convicted person on the basis of DNA and other evidence, Ohio prosecutors often appeal the ruling, which sparks concern about their commitment to justice.

The Bottom Line: It all starts with questioning. I strongly advise, always, to not speak or be questioned without a lawyer. Investigators will seem friendly and on your side and are anything but, and whatever is said can and will be used against you in court. No matter how innocent you are, you can still be convicted by a jury based on what you say. Every year innocent prisoners are exonerated on new and improved DNA evidence, and some are even saved from the death penalty.  It’s all proof that innocent people are locked behind bars.  Keep my number handy, I will look for any shred of evidence to get an exoneration.  513-260-2099