Restrictions Placed on Offenders After Release

 

Mcintyre & Associates
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Michael Kennedy McIntyre has practiced as an attorney at Atlanta, Georgia’s Michael Kennedy McIntyre & Associates since 1985. The firm practices exclusively in the field of criminal postconviction representation. In addition to representing offenders who are currently incarcerated, McIntyre & Associates also represents offenders who have been released from prison but have various restrictions placed on their lives.

In the United States, individuals released from prison face a number of legal restrictions, though the extent and precise nature of these restrictions vary from state to state. Convicted felons are prohibited from holding public office in many states. The severity of a person’s offense can determine whether or not they can run for office, and in some states this right is reinstated after a certain period of time, such as one decade after the completion of a served sentence.

Serving on a jury is another activity felons are barred from engaging in in numerous states. Similar to running for office, many states allow an individual to reclaim this right after a predetermined period of time. A few additional restrictions placed on convicted felons include suspension of voting rights and added challenges or a denial of international travel and joining the military.

Any individual who is concerned about the restrictions they may face after serving a criminal sentence, or who would like to learn about alleviating some of these restrictions, should reach out to a local attorney experienced in areas of criminal rights and postconviction representation.

Georgia Court of Appeals and the Standards of Review

 

Mcintyre & Associates
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Since 1985, attorney Michael Kennedy McIntyre has been representing clients in criminal postconviction matters. Michael Kennedy McIntyre is the owner of McIntyre & Associates in Atlanta, Georgia. Part of Mr. McIntyre’s postconviction practice includes offering expertise on the appeals process in Georgia. Established in 1906, the Georgia Court of Appeals serves as the intermediate appellate court in the state. The court, which includes five divisions and 15 total judges, mandates that appeals presented to the court identify the applicable standard of review. Standards of review refer to the deference a trial court is granted by an appellate court that reviews its decision. These standards are categorized in three areas: procedural errors, questions of law, and questions of fact. Standards involving disputes based on the interpretation of facts by the trial court are typically based on: Arbitrary and Capricious – A standard that typically applies to administrative cases, and determines whether the original ruling was arbitrary or motivated by issues other than the presented facts. Lack of Substantial Evidence – This standard refers to cases in which the lower court ruling was made without sufficient evidence to support it. Clearly Erroneous – A standard that applies to rulings that conflict with the presented evidence.

Georgia’s Parole Decision Guidelines

Mcintyre & Associates
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Based in Atlanta, Georgia, law firm Michael Kennedy McIntyre & Associates focuses its practice on postconviction legal representation, including habeas corpus, appeals, and pardon and parole cases. Backed by the experience of a former Georgia Parole Board member, Michael Kennedy McIntyre & Associates offers the best counsel concerning parole matters and the state’s Parole Decision Guidelines. Established in 1979, the Georgia Parole Decision Guidelines aim to standardize confinement times. Recent revisions to the guidelines include integrating a data-driven risk instrument into the process. For the first time, the new guidelines align with the average duration of prison sentences imposed by the state. The revisions were adopted after the extensive study of several parole-related factors, including the risks associated with granting clemency, past practices, and the impact on prison capacity. Ultimately, the parole board determined the specific revisions served the best interest of the public and the criminal justice community.

What Is a Habeas Corpus Action?

Michael Kennedy, Mcintyre & Associates
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Based in Atlanta, Georgia, the lawyers at Michael Kennedy McIntyre & Associates have decades of experience in state and federal postconviction representation. Michael Kennedy McIntyre & Associates strives to deliver the highest level of professional excellence in habeas corpus actions. Habeas corpus is a legal action by which individuals unlawfully imprisoned can seek relief. The right of habeas corpus is included in the United States Constitution to prevent the government from labeling someone a criminal and imprisoning them without ever giving them an opportunity to appear in a court of law. State habeas corpus relief may be sought by the filing of a state habeas corpus application by any individual imprisoned as a result of a sentence imposed by a Georgia court. A state habeas corpus application alleges that an individual’s custody is unconstitutional based upon what occurred prior to, or during, the individual’s trial or plea hearing. Habeas corpus is a complicated process with many possible claims that could lead to relief from convictions and sentences.