Under some circumstances, you might be entitled to seek relief if you’ve been found guilty of a federal felony. A person who is in “custody” with their freedom restricted by a federal court order, including federal inmates, may be able to challenge the validity of their federal criminal conviction and/or sentence.
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, otherwise 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, or 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.
2241 Section Claims
A 2241 motion has no one-year statute of limitations and is filed in the district of custody as opposed to a 2255 move. It may be filed because of:
- Denial of credit for time spent in jail or in a detention facility prior to trial without cause
- Transfers or adverse changes to the prison environment
- Punishment in prison
- Decisions regarding parole
- Immigration orders have been issued
- Extradition to another country
- Unprecedented Executive detention orders
Additional Post-Conviction Relief Options
Only a few alternative post-conviction redress remedies are accessible in federal court. For instance, Federal Rule of Criminal Procedure 33 states that you may seek a new trial based on newly discovered evidence within three years of your conviction or finding of guilt (and within seven days for allegations other than newly discovered evidence).
The US Code’s Section 3582(c) gives instructions on how to change someone’s sentence. This entails the humane release of elderly prisoners. Federal Criminal Procedure Rule #35 allows for the lowering of a sentence in exchange for significant assistance or cooperation from law enforcement in the prosecution of others, or as a result of an error.
In the event that you feel you are entitled to post-conviction relief, you should speak with a federal defense lawyer right away. To begin, contact Chambers Law Firm at 714-760-4088.
