Federal Post Conviction Motions
For many clients, a motion for post-conviction relief or habeas corpus is the final opportunity that they have to secure a new trial. Tucker Arensberg’s criminal defense attorneys work tirelessly to fight for your rights and freedom, and ensure that all fairness of the law is applied. Our attorneys have years of experience in helping clients navigate through this extraordinarily complex area of law.
Habeas Corpus Petition
A habeas corpus petition is ordinarily filed in federal court. This type of review is done after a convicted person’s direct appeal has been denied, and, if involving a state court conviction, follows after the state’s post-conviction process has proved unsuccessful. Before filing in federal court, state prisoners must exhaust all state options first. Because of these complexities, it is essential to consult an attorney with experience in this area. While a habeas corpus petition can be used to challenge pre-trial detention and excessive bail, the habeas corpus action is typically regarded as a last resort for someone fighting an unjust sentence of imprisonment or wrongful conviction. Therefore, you want an attorney in your corner who can guide you through this extremely complex area of the law.
Another avenue to challenge your conviction in Pennsylvania is through the Pennsylvania Post Conviction Relief Act (“PCRA”). Through the PCRA, claims that counsel was ineffective, that new evidence was discovered, that a sentence is illegal or that a constitutional or other legal violation occurred are some of the issues that may be raised through the PCRA. A defendant usually files a request for relief under the PCRA after all direct appeals are exhausted, although, sometimes, a defendant files a PCRA petition immediately after conviction and sentencing and foregoes his or her direct appeal rights. This type of decision should be made only after consulting with counsel, as significant rights can be lost. The PCRA process in Pennsylvania is also time sensitive. Failing to timely file a PCRA petition can cause you to lose important legal rights. It is imperative to have an experienced PCRA attorney help you navigate this area. To see if filing a PCRA petition may be a viable option for you, meet with one of our experienced defense attorneys to discuss your case and determine the best course of action for you. Our attorneys will meet with you via a conference call or an email exchange over the prison’s email system.
For additional guidance or to discuss your case with a criminal defense lawyer, we invite you to contact our law firm by completing our form. Our attorneys provide both free consultations and legal advice you can trust.