You may be eligible for relief if you’ve been convicted of a federal crime under specific circumstances. Individuals who are in “custody” with their liberty restricted by a federal court order, as well as federal detainees, may be able to challenge the legality of their federal criminal conviction and/or sentence.
Continue reading to learn about the numerous choices for post-conviction relief, and then call Chambers Law Firm at 714-760-4088 to speak with an attorney that has the years of expertise and entire dedication to his clients that you want.
Claims under Section 2255
With the proper legal aid, Section 2255 can be used to appeal a condemned person’s conviction or sentence in a variety of extraordinary circumstances. While this is not the only statute or instrument available to guilty persons seeking restitution or remedy, it is one of the most powerful. It’s appropriate for the following scenarios:
- The person is being held as a result of a violation of the United States Constitution, laws, or treaties
- The penalty was imposed in violation of the United States Constitution or legislation, and it went above the maximum allowed by law
- Despite the fact that the federal district court lacked the legal authority to do so, the penalty was enforced
- Another error (not stated above) affects the conviction and/or sentence, resulting in a complete miscarriage of justice or an oversight that makes the legal process unfair
Some of the most typical charges made in 2255 motions are as follows:
- Attorneys for the defense have been accused of giving ineffective assistance
- Prosecutorial misconduct, or the proper handling of cases that benefit the person but are decided after their trial or punishment
Section 2255 is subject to a number of limitations. For example, there is a one-year statute of limitations requirement (with several exceptions or tolling provisions) that such a request be made within one year of the most recent. When a government action that violated the Constitution or US statutes eliminated the obstacle to filing the motion, when a newly recognized right by the US Supreme Court was made retroactive to cases, and when the facts that support the claim might have been uncovered via due diligence.
These are complicated terminology, so it’s worth speaking with an attorney to figure out what your alternatives are. For assistance, call Chambers Law Firm at 714-760-4088.
