Skip links

Can My Defense Lawyer Overturn My Conviction?

Even if you’ve been convicted of a crime, you still have options, and you’re probably wondering, “can my defense lawyer overturn my conviction?”

It’s not up to the defense lawyer if your conviction will be overturned. That ruling is made by the appellate court. But your lawyer can and should advise you on the options available to you.

There are three ways to overturn a conviction:

  • Appeal
  • New Trial
  • Writ of Habeas Corpus


First, your defense lawyer can and should give you their professional opinion as to whether there are grounds for appeal and what the possible, and likely, results of an appeal may be.

There must be a valid reason for you to ask the appellate court to review and overturn the decision of the original trial court. The reason may be a prejudicial error made by the judge, lawyers, or jury. Or, when appropriate, you can claim that there was no substantial evidence to support the court’s decision and ask the appellate court to decide.

New Trial 

Your defense lawyer also can help you consider filing a motion for a new trial in order to overturn your conviction.

If you can show that the outcome of the trial would have been different if not for some sort of misconduct by the prosecution or other legal error, a judge can decide to set aside your conviction and schedule a new trial.

Writ of Habeas Corpus

A writ of habeas corpus requests your release from jail or prison because your incarceration violates a state law or your constitutional rights. Your defense lawyer can give you their professional opinion on your chances of being granted a writ of habeas corpus.

Your Defense Lawyer’s Role in Overturning Your Conviction

While your defense lawyer doesn’t hold the power to overturn your conviction themselves — remember, that’s the court’s decision — your defense lawyer can advise you on what approach is appropriate for your specific case.

And, whichever option you decide is the best course of action, your defense lawyer can help you with it.

Do You Need Legal Help?

Mark Broughton is a criminal defense lawyer in Fresno who will fight to get you the best possible outcome. In his 40+ years of experience, he has conducted trials in both state and Federal Court. He sees every individual’s situation with compassion and empathy. And he believes that every person has the right to a fair trial and is innocent until proven guilty.

If you need the help of a criminal defense lawyer, call 559-691-6222 or click here to request a free consultation. We’ll get back to you right away.


Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.