If you have been wrongfully convicted of a crime, you have the right to take legal action to remedy your situation. However, it is not easy to overturn a court’s decision, and the legal technicalities can become very overwhelming.
That’s where Airington Law comes in. We are a diverse team of women attorneys who take a compassionate approach to criminal law and apply a heavy focus on customer service and satisfaction. Whatever you have been wrongfully convicted of, we will do our best to help you obtain relief to remedy the situation.
Let’s protect your future together. Contact Airington Law for a same-day consultation to discuss your legal options.
Compensation for Wrongful Incarceration
Virginia law allows wrongfully convicted individuals to obtain monetary relief if they have been unfairly incarcerated. More specifically, under Virginia law (§ 8.01-195.11.), any person who is convicted of a felony and is wrongfully incarcerated for the felony may be awarded compensation in an amount equal to 90% of the Virginia per capita personal income for each year of incarceration.
You should be paid an initial lump sum of 20% of the compensation award with the remaining 80% to be used by the State Treasurer to purchase an annuity to provide equal monthly payments to you over a period of 25 years. If your life expectancy is less than 25 years, the annuity period will be equal to your life expectancy. However, if you are 60 years of age or older or are terminally ill, you may be paid 100% of the compensation as a lump sum. In the context of this provision, "terminally ill" means that you have a medical prognosis certified by a licensed physician that your life expectancy is 5 years or less.
As a wrongfully incarcerated individual, you will also receive a transition assistance grant of $15,000, which may be deducted from any award received pursuant to the above. In addition, you should be entitled to receive reimbursement of up to $10,000 for tuition for career and technical training within the Virginia community college system if you have successfully completed the training.
Appeal Your Conviction
If you have been wrongfully convicted, you may also seek relief by appealing your case. In order to petition for an appeal, you will need to prove that your rights were violated (e.g., you didn’t have fair representation pursuant to your right to an attorney) or that your case was mishandled (e.g., the evidence in the case was obtained illegally).
The criminal appeals process is complex and difficult for most attorneys to handle. However, our team at Airington Law has built a winning track record of overturning cases for clients, and a big percentage of our clients come to us after firing an unsuccessful lawyer.
Airington Law is a boutique criminal defense and immigration law firm committed to providing justice and high quality legal advice to our clients. Our trusted and passionate lawyers will treat your case with the knowledge, time and care it deserves. Contact our team to learn how we can help, we have been serving clients throughout Virginia since 2009.
If your appeal has been denied, under Virginia law, a wrongful conviction can be challenged in the following ways:
- Writ of Habeas Corpus - A writ of habeas corpus can be used to challenge a conviction if your constitutional rights were violated, or if your original attorney was ineffective. Examples of ineffective assistance of counsel may include: failure to present evidence in support of your defense, failure to object to improper evidence by the prosecution, failure to subpoena witnesses to support your defense, giving incorrect advise about your legal rights or possible outcomes in your case.
- Writ of Actual Innocence - If new evidence comes out after your conviction that shows you were innocent, your conviction can be vacated through a writ of actual innocence
- Writ of Coram Nobis - If the original court made a mistake in the conviction, in some circumstances a writ of coram nobis can be used to correct the mistake or vacate the conviction
- Pardon - You can petition the Governor of Virginia to pardon you for a crime. If you are innocent, you maybe eligible for an absolute pardon and release from prison. Even if you are not actually innocent, you can petition for a conditional pardon to obtain early release.
We handle all types of post-conviction cases, and have successfully had convictions vacated and overturned, and brought clients home to their families.
It’s not the end of the world if you have been convicted of a crime; you may have been wrongfully convicted, and you have the right to take legal action if that’s the case. Our lawyers at Airington Law are deeply familiar with the post-conviction process, whether you seek to appeal a conviction or obtain relief for wrongful incarceration. We bring a diverse background of experience and will take a uniquely client-focused approach. We will work with you to build a case based on your needs and goals and fight tenaciously for a favorable outcome.
Schedule an initial consultation with our women-led team at Airington Law to discuss your legal options. Same-day appointments available. Serving residents in Chesterfield County and throughout Virginia.
“Overall an excellent experience with all the employees . They made everything so simple, kept me updated, and very responsive to my emails. At the time I was living in FL and handled my case without needing me to go their office in VA.”- Rocio R.
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“Hiring Airington Law to represent me was the best decision I made. They are extremely thorough, professional, and guided me every step of the way.”- J. S.
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