Liberators Criminal Defense: Petition to Establish Factual Innocence in Nevada
What is an Innocence Petition?
In the evolving landscape of the Nevada legal system, the legislature has introduced a significant post-conviction relief for those who believe they have been wrongfully convicted. Known as the Petition to Establish Factual Innocence, this remedy, under NRS 34.900 through NRS 34.990, allows individuals to challenge their conviction based on newly discovered evidence asserting their innocence.
What Proof is Required?
Pursuing a Petition to Establish Factual Innocence involves meeting strict criteria. Here's a breakdown of the essentials:
-
Affidavit and Averment: The Petitioner must present an affidavit, coupled with an averment, to indicate the existence of newly discovered evidence.
-
Bona Fide Issue of Factual Innocence: The newly discovered evidence must be credible, and when presented, it should raise genuine questions regarding the factual innocence of the convicted individual.
-
Material and Establishing Innocence: This new evidence should not only support the claim of innocence but must also be relevant and significant to the case's pivotal points.
-
Distinct from Previous Evidence: The evidence presented cannot merely reiterate what was already known during the trial. Additionally, a petition cannot be based solely on a witness recanting their testimony.
If the Petition hinges on favorable DNA evidence, it's crucial to confirm that the DNA analysis aligns with Nevada's statutory guidelines. The results must be undeniably in the Petitioner's favor.
Can My Conviction be Overturned?
Absolutely. If you successfully meet all the stipulated requirements, and it's conclusively shown that the newly discovered evidence establishes your factual innocence, the Court holds the authority to grant relief from the judgment.
Let Us Be Your Guide
The path to justice can be arduous, but with our seasoned team at Liberators Criminal Defense, we'll endeavor to navigate these legal complexities alongside you. If you believe you or a loved one might qualify for a Petition to Establish Factual Innocence, don't hesitate.
Contact Us Today for a Free Consultation
It's time for justice to be rightfully served. Allow our expertise to be your beacon in this pivotal moment of your legal journey.