Baltimore, MD asked in Criminal Law for Maryland

Q: Can you overturn a conviction, and after time served, would that become a civil legal issue?

Related Topics:
1 Lawyer Answer
Thomas J. Maronick Jr
PREMIUM
Answered

A: It's a post-conviction it sounds like, and that could be based on any number of factors, including a change in the law, or a ruling by Maryland's highest court that deals with constitutionality. It could also be related to mistakes made by trial counsel or the judge.

The civil issue would be something else... the post-convict would relate to a criminal issue. But there could be a lawsuit civilly in the right circumstances, such as against the state for holding someone unconstitutionally if that were the case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.