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Showing posts with label post-conviction relief. Show all posts
Showing posts with label post-conviction relief. Show all posts

Thursday, May 28, 2015

Early Release from Federal Prison

Early release from federal prison is a hot topic among lawyers, the federal prison bureau system, and lawmakers in Washington D.C, There is a bulging population of non-violent offenders in federal prison who are not likely to pose any danger risk to society. This is one of the main reasons many want criminal justice reform in the form of amendments to the federal sentencing guidelines, among others. Currently, there are many new federal sentencing laws that went into effect in November of 2014 and many more to go into effect in November of 2015.

Many prisoners have yet to gain early release from federal prison because there are long wait lists. Who knows when overburdened federal public defenders, who have always been given way over the recommended number of cases to handle, will get to an inmate's case. If a federal prisoner wants early release, his/her best chances of getting it are to hire a private criminal lawyer. A private criminal lawyer will have the time, resources and dedication to comb over an inmate's case, life history, and conduct in prison. After thoroughly preparing arguments, a LibertyBell Law Group criminal lawyer can file the legal documents, including those containing arguments for early release, and can also stand before the judge to paint the federal inmate in the best possible light.

It's important to note that just because a federal prisoner is eligible for early release that does not mean he will get it. Each case is reviewed by a judge who considers all aspects of the case, criminal history and prison conduct and makes a decision based on the legal documents filed and the arguments made by the attorney. A private criminal attorney will make sure that all legal documents and paperwork that supports the prisoner's early release is filed and will also file additional motions and legal documents to win the judge over to approval.

Applying for early release from federal prison is akin to having a retrial. Private criminal lawyers may present new facts and more in arguing for early release.

If you have a loved one in federal prison and would like to know all your post-conviction relief options and which route is best for the inmate, including which one is most likely to succeed and get him/her the best reduction in time, call our criminal defense attorneys now at 855-LAW-PRO1 (855-529-7761).

About LibertyBell Law Group Criminal Attorneys

LibertyBell Law Group attorneys succeed in getting the best results for appeals, post-conviction relief, Drugs Minus Two sentence reductions and more. Our award-winning lawyers have been featured in Time Magazine, Newsweek and many other media outlets. LibertyBell Law Group's criminal lawyers also have a perfect 10 Avvo rating and verified top client reviews.

Wednesday, October 9, 2013

Info Criminal Lawyers use in Filing an Appeal

Criminal lawyers consider many factors in filling an appeal and post-conviction relief remedies. Different states have different laws regarding the number of days that you can file an appeal or years that you must have a clean record before applying for post-conviction relief.  Some states have anywhere from 7 to 60 days to file an appeal. Usually it's between one to five years before you can apply for post-conviction relief.

When filing for a post-conviction relief remedy, a criminal lawyer can best demonstrate that you are completely rehabilitated and are not likely to commit another crime.  A criminal lawyer may even be able to get the conviction erased with an absolute pardon. A pardon is also called a clemency. Depending on your individual case, a criminal lawyer can also seek  a conditional pardon, which means the crime is excused. Know that the appeal process can take a month or even a year, even by the best criminal lawyers. There are deadlines, court procedures, and legal papers that criminal lawyers have to file, though each state has different rules and requirements.

Criminal lawyers who work in all states also know the unique characteristics of the judges and their individual preferences and what they want to see. Criminal lawyers also know that there are other considerations a judge will consider, such as, is the person contributing to society in some way. Criminal lawyers show a positive contribution to society by a person in many ways, like holding a long-term job, volunteering in a non-profit organization, improving education with classes or enrolling in a college or university and more.

Top Factors for a Successful Appeal or Post-conviction relief

  • New facts showing the defendant cannot be found guilty beyond a reasonable doubt
  • New interpretation/perspective of facts that ideally includes newly discovered evidence
  • Completion of confinement or probation
  • All fines are paid
  • No other arrests or convictions (besides traffic violations) have occurred
  • Significant changes to laws regarding your conviction, especially sentencing laws, or new court rulings.
  • If you were not convicted or found guilty, fingerprints , photographs and DNA evidence may be removed from your record. A record of arrest may also be removed if the charge was non-violent or serious. Most arrests not resulting in a conviction can be removed from your record in most states.
Persons with federal convictions can apply for a pardon, which is extremely hard to get. From the time Obama started his presidency only 39 pardons have been given. A federal lawyer can assist you with a federal pardon.

There are many types of appeals or motions a criminal lawyer can use strategically to benefit your case. The way in which a criminal lawyer files an appeal or motion depends much on the individual characteristics of your case, state laws, recent court rulings, the judge and much more. Only  experienced criminal lawyers can best assess your unique case and determine which is the best route to take.

There are also many different post-conviction remedies that can be taken to change or remove all criminal spots from your record. A criminal lawyer specializing in post-conviction remedies and appeals can assess the best route to take, which will depend on many factors. Speak to a top lawyer now, and call 855-LAW-PRO1 (855-529-7761) if you need expert help.