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Post-conviction relief refers to the legal remedies available to a person after they’ve been convicted of a crime. In Ohio and Kentucky, these remedies may include:
Our skilled post-conviction relief attorneys can review your case for errors, new evidence, or rights violations that may entitle you to a reduced sentence, a new trial, or dismissal of charges. Contact us today for a consultation.
Post-conviction relief is a broad category of legal actions available after a judgment of guilt has been entered. It is distinct from a direct appeal, though the two processes can sometimes overlap.
While a direct appeal focuses on errors in the trial record, post-conviction proceedings often allow you to raise issues that were not, or could not have been, raised at trial.
Common grounds for post-conviction relief in Ohio include:
Every case is different. What matters is having an attorney who will thoroughly examine your record, identify the strongest available grounds, and pursue every avenue the law allows.
Attorney Korneeva has reviewed cases where a single overlooked procedural error or an undisclosed piece of evidence made the difference between continued incarceration and a path to freedom.
For non-citizens, a criminal conviction can carry consequences far beyond a prison sentence. Even a misdemeanor can trigger deportation, bar a green card application, prevent naturalization, or cause the denial of re-entry after travel abroad.
The Law Firm of Anna Korneeva occupies a unique position in the Cincinnati legal community. Attorney Korneeva is fluent in criminal law and immigration law, a dual-practice niche known as crimmigration.
This means that when she evaluates a post-conviction case for an immigrant client, she is assessing the full downstream effect of any legal outcome on your immigration status, including your green card, visa, naturalization eligibility, and deportation risk.
If you entered a guilty plea without being properly advised of its immigration consequences, you may have a strong post-conviction claim under Padilla v. Kentucky, the landmark U.S. Supreme Court decision requiring defense attorneys to advise non-citizen clients about deportation risks before a plea.
Many immigrants who pleaded guilty years ago had no idea that their conviction could one day be used against them in immigration proceedings. If that describes your situation, do not assume it is too late. A post-conviction review may reveal that your plea was not entered knowingly and voluntarily, which is grounds for relief that courts take seriously.
The Law Firm of Anna Korneeva assists clients with a range of post-conviction actions across Ohio and Kentucky courts.
Under Ohio Revised Code § 2953.21, a convicted person may petition the trial court to vacate or set aside their conviction or sentence if there was a denial or infringement of their constitutional rights. However, these petitions are time-sensitive and require careful documentation.
Attorney Korneeva will evaluate the trial record, identify constitutional grounds, and prepare a compelling petition supported by affidavits and legal authority.
A motion for a new trial may be appropriate when new evidence has come to light that could not have been discovered through due diligence before the original verdict. Ohio courts take these motions seriously when properly documented.
If a witness has recanted, new forensic evidence has emerged, or an alibi has been substantiated after the fact, this remedy may be within reach.
In some cases, the goal is not to overturn a conviction but to reduce the length or nature of a sentence. Ohio courts have mechanisms for judicial release and sentence modification in appropriate circumstances.
Attorney Korneeva will assess whether your case qualifies and advocate for the most favorable outcome possible given your circumstances.
A federal habeas corpus petition under 28 U.S.C. § 2254 is one of the most powerful tools available to challenge a state court conviction. It allows a federal court to review whether a state conviction violated the U.S. Constitution.
These petitions are procedurally complex and subject to strict exhaustion requirements, but they can be the last line of defense for someone who has been wrongfully convicted or whose rights were violated.
Once your case has been resolved, expungement or record sealing may be available to limit the long-term damage to your reputation, employment prospects, and housing opportunities. Ohio has expanded its expungement eligibility in recent years.
For many clients, sealing a record is the final step in moving forward after a difficult chapter. Attorney Korneeva can determine whether your conviction qualifies for sealing and can handle the filing on your behalf.
Many people who contact our office have already been through the system once. They are exhausted, skeptical, and not sure whether fighting back is even worth it. We understand that.
Meanwhile, the post-conviction process is not quick, and it does not come with guarantees. What we can promise is that Attorney Korneeva will be honest with you from the very first consultation. If she believes there are viable grounds for relief, she will tell you exactly what they are and what pursuing them will involve.
If the grounds are limited, she will tell you that too, because you deserve a realistic picture, not false hope. Once you retain the firm, Attorney Korneeva personally reviews your case file, examines the trial record, and consults with you about the facts as you experienced them.
She also looks for inconsistencies, missed arguments, constitutional violations, and procedural errors that may not be visible to someone without her level of experience in criminal and immigration law. Every finding is documented, and every decision is yours to make with full information.
That level of transparency is rare in legal representation, and it is something our clients consistently point to when referring others to our firm. We believe informed clients make better decisions, and better decisions lead to better outcomes.
Post-conviction work is among the most technically demanding areas of criminal law. It requires thorough knowledge of procedure and constitutional law. It also requires a willingness to dig into a trial record, find what went wrong, and construct an argument powerful enough to convince a court to act, sometimes years after a verdict was entered.
As an immigrant, Attorney Korneeva understands what is truly at stake when someone’s future in this country is on the line. She has been recognized as a Super Lawyers Rising Star for Ohio and Kentucky and has built a reputation in the greater Cincinnati area as an attorney who fights hard for her clients.
The Law Firm of Anna Korneeva offers bilingual services in Spanish and Russian, ensuring that clients who are most comfortable in another language are never left navigating the legal system without full comprehension of their options.
Choosing the right attorney is only the first step. Once you have committed to pursuing post-conviction relief, the clock becomes your most immediate concern. No matter how strong your grounds for relief may be, they mean nothing if the filing deadline has passed, and the legal system does not make exceptions for cases that were not brought in time.
Post-conviction filings are subject to strict deadlines. Ohio’s post-conviction petition statute requires that the petition be filed within 365 days of the time the trial transcript is filed with the court of appeals. Missing the deadline can permanently bar you from seeking relief.
Federal habeas corpus petitions carry their own one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act (AEDPA). The AEDPA begins to run from the date a conviction becomes final. Courts rarely grant exceptions, and even a single missed day can close the door permanently.
If you think there was something wrong with your trial, your plea, or your sentence, the time to act is now. Every day that passes may be a day closer to a deadline that cannot be extended.
If you or a loved one needs a Cincinnati post-conviction relief attorney, the Law Firm of Anna Korneeva is ready to help. Attorney Korneeva will review your case, explain your options, and fight for the outcome you deserve.
We serve clients throughout Greater Cincinnati, Hamilton County, and Northern Kentucky. Schedule your consultation today.
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