FEDERAL POST CONVICTION RELIEF ATTORNEY
Post Conviction Relief (PCR)
If you were convicted of a federal crime, it is possible that federal post conviction relief (PCR) may be available for you. Schedule a consultation with our post conviction attorneys to learn more.
If your conviction or sentence violated constitutional rights or federal law, you may have the ability to appeal your case. This legal remedy allows you to potentially obtain a new trial, a reduction in sentence, or even be released from custody.
However, acquiring post conviction relief is complex and time-consuming, and success is not guaranteed. It is crucial to consult with an experienced federal criminal appeals lawyer who can guide you through the process and advise you on best courses of action.
WHAT IS FEDERAL POST CONVICTION RELIEF?
Federal post-conviction relief is a legal process that allows someone who has already been convicted and sentenced in federal court to ask the court to review their case again — not because they just disagree with the verdict, but because something may have gone seriously wrong.
It’s a way to tell the court, “My trial or sentence wasn’t fair or legal.” And if the court agrees, it can fix the problem — by ordering a new trial, reducing the sentence, or even overturning the conviction.
HOW TO GET POST CONVICTION RELIEF?
In most cases, pursuing post conviction relief begins by filing a “2255 Motion” in the same court where the person was sentenced. In this motion, we explain what went wrong — for example, that their lawyer didn’t do their job, new evidence was found, or their rights were violated.
After the motion is filed, the court reviews it and responds. The court might decide to look at the facts more closely.
START THE PROCESS
Grounds for Federal Post Conviction Relief
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Situations where the individual’s defense attorney did not provide adequate representation, such as by failing to investigate key evidence, failing to present a strong defense, or providing incorrect legal advice.
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Situations where the government suppressed exculpatory evidence (Brady violations), knowingly used false testimony, or improper arguments.
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Situations where new evidence has come to light that proves the individual’s innocence, such as DNA evidence or a witness recanting their testimony.
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Situations where the individual’s sentence was based on incorrect or incomplete information or where the sentencing judge erred in applying the sentencing guidelines.
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Sometimes the United States Supreme Court will issue an opinion that impacts an inmate’s current sentence. If the Supreme Court made the change retroactive, you can file a 2255 motion to get the benefit of that new ruling.
It is important to note that federal post conviction relief can be complex and time-consuming, and success is not guaranteed.
Common grounds for federal post conviction relief include:
Elizabeth Franklin-Best is a top federal Post Conviction Relief Attorney
WHY US?
When you’ve been unjustly convicted and sentenced for a federal crime, it can feel isolating and devastating. However, post conviction relief can provide a valuable legal remedy for those convicted of federal crimes who believe their conviction or sentence violated their constitutional rights or federal law.
Navigating the process of an appeal can be challenging, and success is not guaranteed. You need the legal aid of an attorney with experience in federal appeals that can guide you through the process and increase your chances of success.
If you or a loved one are seeking post conviction relief, contact us today at Elizabeth Franklin-Best to discuss your case and explore your legal options.
FEDERAL POST CONVICTION RELIEF
COMMON FAQs
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You usually have one year from when your conviction becomes final, though there are a few exceptions for new evidence or new laws.
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It often takes several months to over a year, depending on how complex the case is and whether there’s a hearing.
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While it is possible to seek post conviction relief without an attorney, it is not recommended. An attorney helps you navigate the challenging legal procedures involved.
Shealey Law Firm
“I can't recommend Elizabeth Franklin-Best highly enough! She is the go-to appellate lawyer in the State of South Carolina and whenever I can refer her a client I will because I know they will be in trusted hands.”
READY TO SCHEDULE A CONSULTATION?
Time is of the essence in filing an appeal, so it is important to act quickly. We invite you to schedule a consultation to see if we’re the right fit for your case. To ensure every client receives the attention they deserve, we carefully choose the cases we take on as this gives us the ability to give each case the time, focus, and dedication it deserves.