Under some circumstances, you might be entitled to seek relief if you’ve been found guilty of a federal crime. The validity of a federal criminal conviction and/or sentence may be contested by federal inmates as well as people who are otherwise “in custody” with their freedom restricted by a federal court order.
Continue reading to learn about the several post-conviction remedy possibilities, and then call Chambers Law Firm at 714-760-4088 to speak with a lawyer that has the years of experience and complete dedication to his clients that you’re searching for.
Claims under Section 2255
In a number of extraordinary situations, a guilty person’s conviction or sentence may be appealed with the help of competent legal counsel. Although there are other laws and tools available to those who have been condemned and are looking for relief, this part is a strong one. It is applicable in the following circumstances:
- The person is being held because they violated the Constitution, laws, or treaties of the United States
- The punishment was more severe than what was allowed by statutory law and was administered in violation of the US Constitution or laws
- Although the federal district court lacked the legal authority to inflict the punishment, it nonetheless did so
- There is a chance that the conviction and/or sentence will be carried out in an unfair manner due to a different error that wasn’t mentioned above
Some of the most typical claims in 2255 motions include the following:
- Defense attorneys are alleged to have given insufficient support
- The proper handling of cases that benefit the defendant but are resolved after their trial or punishment is known as prosecutorial misconduct
There are a number of limitations on Section 2255
For instance, there is a one-year statute of limitations requirement that such a request be made (with numerous complex exceptions or tolling clauses) within one year of the latest of when the conviction becomes final, when the obstacle to filing the motion was removed as a result of government action that violated the Constitution or US laws, when a newly recognized right by the US Supreme Court was made retroactive to cases, and when the facts proving the claim could have been found with reasonable diligence.
This terminology might be difficult to understand, so it’s important to discuss your alternatives with a lawyer. For assistance, call the Chambers Law Firm at 714-760-4088.
