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?

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1 Lawyer Answer
Thomas J. Maronick Jr
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Thomas J. Maronick Jr
Answered
  • Criminal Law Lawyer
  • Glen Burnie, MD
  • Licensed in Maryland

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.

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