After Post Conviction Proceedings and Exoneration, Foua Fong Lee Seeks Compensation for Wrongful Incarceration

Foua Fong Lee was released from custody after serving three years in prison for criminal vehicular homicide. In 2004 he crashed into another car and three people were killed. At the time, he was driving his Toyota Camry. New evidence discovered after his trial was over showed that other people with the same car had uncontrollable acceleration issues. Lee had stated that he too had a car that accelerated beyond his control.  The new evidence was brought up during his post conviction relief proceedings. A court granted his post conviction relief Petition, vacated his conviction, and ordered that he be set free.  Lee is now seeking compensation for his wrongful incarceration pursuant to the Wrongful Imprisonment Law passed by Minnesota in 2014. The Wrongful Imprisonment Law gives claimants approximately $50,000 for each year of false imprisonment. The law also allows for lost wages and educational reimbursement. Lee is now attending school in hopes to become a social worker.

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What are post conviction proceedings?

Post conviction proceedings refer to motions, briefs, or appeals after a guilty verdict is entered. It is possible to file a post conviction relief brief to the District Judge who sentenced the Defendant in the first place. In the brief, a criminal defense attorney can offer new evidence to attempt to change a judge’s mind. If a post conviction relief brief is denied by the district court judge, a criminal defense attorney can then file an appeal with the court of appeals. Issues may include ineffective assistance of counsel, sufficiency of the evidence, and improper rulings on Spreigl evidence. etc. Issues for an appeal differ in every case and are dependent on the facts of each case.

If you believe you have sufficient grounds for post conviction proceedings, contact Keller Criminal Defense Attorneys. A criminal defense attorney will be able to file the necessary motions and briefs specific to your case. Keep in mind that there are timelines for filing an appeal and that you should contact a criminal defense attorney as soon as you have been found guilty. Additionally, if you believe you have a case similar to Lee, and if you believe you deserve compensation pursuant to the Wrongful Imprisonment Law, contact a criminal defense attorney at Keller Criminal Defense Attorneys. Call 952-913-1421 for a free consultation.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.
Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.