After a defendant’s appeal has been denied or exhausted, it can be easy to lose hope. But it is critical not to give up because defendants can file motions that can result in significant relief from the conviction and/or sentence. One of the most complex areas of criminal practice is the area of post-conviction relief. Only a select number of attorneys regularly practice in the area of criminal post-conviction relief, and our office is one of them, consistently fighting for relief for those who have already been convicted and sentenced.
Generally, after a defendant’s conviction becomes final, he will have one year to file a motion attacking the conviction and sentence under 28 U.S.C. § 2255. Section 2255 motions are different than an appeal because they are filed in the district court, not the court of appeals. Further, a defendant must be able to argue that his or her conviction was obtained in violation of their constitutional rights, such as the right to effective assistance of counsel or due process under the Fifth and Sixth Amendments. Additionally, a § 2255 motion can be used to seek relief based on changes in the law that have occurred after a defendant’s conviction has become final.
It is difficult to win a § 2255 motion. And we have found that many attorneys do not understand § 2255 procedures or the types of arguments that can be successful in a § 2255 motion. Many inmates with strong arguments lose because of bad advice they receive from an inexperienced attorney or because they receive bad advice from other inmates who claim to be “jailhouse lawyers” or “paralegals.” But to increase the chances of success, it is important to demonstrate credibility in the motion overall, to avoid frivolous claims, and to show how the constitutional error changed the outcome of the client’s case. Thus, it is important to proceed with experienced and trusted counsel.
Additionally, as a result of the Fair Sentencing Act and the First Step Act and recent amendments to the United States Sentencing Guidelines, another key post-conviction filing in the federal courts is a motion for reduction of sentence under 18 U.S.C. § 3582(c). Our firm has had success with those motions in the past. Whether you are seeking a reduced sentence based on the new retroactive amendments to the United States Sentencing Guidelines, or because extraordinary and compelling reasons call for a reduced sentence under U.S.S.G. § 1B1.13(b), we can represent you.
Robinson & Brandt, PSC, is a full-service nationally-practicing criminal defense law firm that cares about defendants and their families. Each case is different and a victory can never be guaranteed. But, our experience, hard work, and dedication to securing the best possible result for our clients is unequaled. We hope your case is another of our success stories.