Post Conviction Release
If you were convicted of a crime but have reason to believe your original attorney was ineffective or negligent or that the court acted improperly – or if new evidence has come to light – you might be able to obtain what is known as post conviction relief. The relevant federal statute is 28 U.S.C § 2255, or commonly known as the “2255 Writ”. If successful, a post conviction relief challenge may result in a new trial, offering another chance at a fair hearing in court, a complete vindication and release from prison, or a new sentencing hearing providing the opportunity for a time out.
There are many circumstances that make post conviction release a viable option:
- The original trial attorney provided ineffective assistance of counsel as defined legally
- The court was without jurisdiction
- The sentence imposed was not authorized by law
- There is new evidence that was not known at the time of the trial that could exonerate the defendant
- The defendant’s guilty plea was not freely and voluntarily made
- The defendant’s conviction was prohibited by double jeopardy.
If you or a loved one fit any of these categories, and you’ve exhausted all appeals and living with an unfair conviction, the experienced post conviction relief attorneys at the Kendall Law Group can help you find justice. Our team will obtain full court transcripts and records of the proceeding as well as the full files from all previous attorneys in order to comprehensively understand the original case and put forth the best argument possible under the law and the facts of your case.
Contact Joe Kendall today if you believe your original trial and sentence should be reviewed. We’ll assess your options and work with you to find a new direction to allow you to achieve justice.
A “writ” or motion attacking the sentence under 28 U.S.C § 2255 is usually the last thing that can be done for you as a prisoner or for an incarcerated loved one to obtain a release from prison or a lower sentence.
If you would like to explore this avenue, please call Joe Kendall.