Post-Conviction Representation
Pursuing Relief When the Trial Is Over
Post-Conviction Representation Virginia
A conviction and sentence do not necessarily mark the end of the legal process. The law provides several avenues through which a defendant may challenge a conviction, seek a reduction in sentence, or pursue other forms of post-conviction relief.
Carmichael Ellis & Brock represents individuals seeking relief after conviction, carefully evaluating the circumstances of each case to determine what legal options may be available.
Depending on the case, post-conviction representation may involve a direct appeal, a federal post-conviction motion, a request for sentence reduction, or a petition for clemency or a pardon.
Direct Appeals
A direct appeal allows a defendant to ask an appellate court to review errors that occurred during the trial or sentencing process.
Potential issues may include improper admission or exclusion of evidence, improper jury instructions, sentencing errors, insufficient evidence, prosecutorial misconduct, or jury misconduct.
Rule 2255 Motions
Challenging a Federal Conviction or Sentence
Under 28 U.S.C. § 2255, certain federal prisoners may seek relief when a sentence was imposed in violation of the Constitution or federal law, the court lacked authority to impose the sentence, or other qualifying grounds exist.
One common basis for a § 2255 motion is ineffective assistance of counsel.
Rule 35 Sentence Reductions
A Rule 35 motion may provide a potential avenue for reducing a federal sentence in circumstances permitted by federal law.
Carmichael Ellis & Brock evaluates the circumstances of the case and determines whether a sentence-reduction strategy may be available.
Pardons & Clemency
Post-conviction relief may also include seeking executive clemency or a pardon.
For federal convictions, an individual may seek clemency through the federal pardon process. For Virginia state convictions, certain individuals may pursue a pardon through the Governor of Virginia. Carmichael's attorneys can help assemble a persuasive petition that presents the individual's progress and circumstances.