All Post-Conviction Remedies and Proceedings including but not limited to:
State and Federal Habeas Corpus
Direct Criminal Appeals
Motions to Correct Illegal Sentence
Less common motions and writs
Writs of Habeas Corpus
When our firm presents a habeas case we undertake the trial process often almost from scratch, sometimes in cases that are decades old. Our habeas corpus lawyers obtain any related files, review all materials, develop an investigative plan, develop and research claims, prepare motions, and ultimately present the petitioner’s claims in an Amended Petition for Writ of Habeas Corpus. If a case cannot be resolved short of trial, we present the claims through witnesses and evidence at a trial before a judge. Our attorneys have decades of combined experience handling habeas corpus cases and represent petitioners in both state and federal habeas actions.
Challenging the decision of a lower court is a complex process. It begins with an examination of the record, which is followed by issue identification, research, brief writing and, ultimately, oral argument before the Court. We have familiarity with the specialized procedures involved with the appellate process. Our attorneys have decades of combined experience handling appeals in both civil (habeas) and criminal (direct) cases.
Remedies Challenging the Sentence
After sentencing, defendants have the right to seek sentence review. Sentence review is limited to a review of the information available to the sentencing court during sentencing, namely through the sentencing transcript. We review the file, paying particular attention to the defendant’s criminal history, the sentencing proceedings, the information before the court at sentencing, and the punishments received by any co-defendants. We then present an argument before a three judge panel. The panel decides whether to change the sentence or keep it the same
If a sentence is longer than three years, a defendant may seek permission from the state’s attorney for a sentence modification to be heard before the trial judge. The ability to be heard is at the discretion of the state’s attorney. We handle the negotiations seeking permission for a sentence modification to be heard. We review the file, collect supporting documentation, and present an argument seeking modification of the sentence.
If you need assistance with a post-conviction matter, give us a call today or fill out the form below. Our firm has the post-conviction law experience and knowledge to assist you in challenging your conviction and/or sentence.
We are fully operational and our team is available to assist you during the COVID-19 crisis. Schedule your consultation by calling our office at 860-535-1989 or completing the form at the bottom of the page.