Post-Conviction Relief

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If You Have Been Convicted of a Federal Crime You Might Still Have Legal Options

If you’ve been convicted of a federal felony, you may be able to seek relief under certain conditions. Federal inmates, as well as individuals who are otherwise in “custody” with their liberty restricted by a federal court order, may be able to contest the legitimacy of their federal criminal conviction and/or sentence.

Keep reading to learn the various options for post-conviction relief ad then contact Chambers Law Firm at 714-760-4088 to talk to an attorney with the years of experience and total commitment to his clients that you are looking for.

Section 2255 Claims

Section 2255 can be utilized to appeal a convicted person’s conviction or sentence in a number of exceptional circumstances with the appropriate legal assistance. While this section is not the only law or tool available to convicted individuals seeking redress or relief, it is a powerful one. It can be used in the following situations:

  • The individual is in detention as a consequence of a breach of the United States Constitution, laws, or treaties
  • The punishment was inflicted in violation of the United States Constitution or statutes, and it exceeded the maximum permitted under statutory law
  • The punishment was imposed despite the fact that the federal district court lacked the legal jurisdiction to do so
  • The conviction and/or punishment is subject to another error (not listed above) that results in a full miscarriage of justice or an oversight that renders the legal process unjust

The following are some of the most common allegations made in 2255 motions:

  • Defense counsel is accused of providing ineffective assistance.
  • Prosecutorial misconduct, or the appropriate application of cases that benefit the individual but are decided after their trial or punishment

Section 2255 is subject to various restrictions. For example, there is a one-year statute of limitations requirement (with many intricate exceptions or tolling clauses) that such a request be submitted within one year of the latest of:

when the judgment of conviction becomes final, when the impediment 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, when the facts that support the claim could have been discovered through due diligence.

These can be confusing terms and it is worth talking to an attorney to determine what your options are. Contact Chambers Law Firm at 714-760-4088 for help.

Section 2241 Claims

In contrast to 2255, a 2241 motion is filed in the district of detention and has no one-year statute of limitations. It can be filed due to:

  • Denial of credit for time spent in jail or in pre-trial custody without justification
  • Transfers or unfavorable adjustments in detention conditions
  • Discipline in prison
  • Determinations of parole
  • Certain immigration orders have been issued
  • Extradition to a foreign nation
  • Unilateral Executive detention orders

Additional Options for Post-Conviction Relief

There are a limited number of other options available in federal court for post-conviction relief. For example:

  • #33 of the Federal Rules of Criminal Procedure: Within three years of the conviction or finding of guilt, you can request a new trial based on newly found evidence (and within 7 days on claims other than newly discovered evidence).
  • Section 3582(c) of the United States Code: Provides a method for modifying a person’s sentence. This involves releasing elderly inmates on compassionate grounds.
  • Federal Rule of Criminal Procedure #35: Allows for the reduction of a sentence in exchange for considerable aid or cooperation with authorities in the criminal investigation of others, or as a consequence of a mistake.

If you believe you have a right to post-conviction relief, then you should contact a federal defense attorney right away. Call Chambers Law Firm at 714-760-4088 to get started.

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