South Carolina Federal Post-Conviction Relief (PCR) Lawyer

Even if your efforts to appeal a federal verdict or sentence are unsuccessful, there are still a few options for seeking relief from the sanctions passed down to you. However, these exceptions only apply under specific circumstances. Attempts to utilize these options without professional guidance rarely wind up with a favorable outcome.

If you believe the sentence you are facing following a federal criminal conviction is unlawful or unjust under federal statutes, you should reach out to a South Carolina federal post-conviction relief (PCR) lawyer as soon as possible. Once retained, a knowledgeable federal appellate attorney could explain every possible course of action to you and help secure the best resolution under the circumstances.

Motions to Vacate a Federal Sentence for Post-Conviction Relief

Outside of the traditional appeals process, one of the most common means of challenging a federal conviction or sentence is through a Motion to Vacate, Set Aside, or Correct a Sentence. Under 28 U.S.C. § 2255, a person may petition to have their sentence changed or even invalidated completely if it:

• Exceeded the maximum limitations set by federal law
• Was passed down by a federal district court without the property authority to impose such a sentence
• Involved some substantial error or oversight

In some situations, a Motion to Vacate can also help federal defendants who fell victim to prosecutorial misconduct or did not receive effective assistance from their previous legal counsel. It is important to note that there is a one-year statute of limitations for this motion that generally begins on the date the judgement against the petitioner becomes final. However, there are some exceptions that a South Carolina federal post-conviction relief attorney could further explain.

Challenging the Power to Grant Writ in South Carolina

If a Motion to Vacate is not sufficient to remedy unlawful detainment, it may be possible to pursue relief through a motion filed under 28 U.S.C. § 2241. This section of federal law establishes the power of the U.S. Supreme Court, U.S. federal district courts, and Justices and judges therein to grant writ of habeas corpus to prisoners who are being confined in violation of the U.S. Constitution. A federal attorney in the area could help a federal prisoner pursue this option for post-conviction relief if they have not received appropriate credit for time served in pre-trial detention or prison, suffered unfair treatment in prison, or may be subject to extradition to a foreign country.

Seeking Early Release Via Other Means

While individuals convicted under federal law are almost always ineligible for any kind of parole, 18 U.S.C. § 3582(c) allows federal prisoners who are geriatric, terminally ill, or completely disabled to petition for “compassionate release” from incarceration. Additionally, the Federal Rules of Criminal Procedure allow for sentence reductions based on significant cooperation with federal authorities in an ongoing criminal investigation, as well as limited means to seek a new trial based on newly uncovered evidence. A federal PCR lawyer in South Carolina could review all these options in greater detail during a private consultation.

Seek Help from a South Carolina Federal Post-Conviction Relief (PCR) Attorney Today

Unfortunately, there are few options for relief from the consequences of a federal conviction, and those that do exist can be difficult to pursue. Fortunately, help is available from experienced legal professionals who could work tirelessly to protect your rights and best interests.

A conversation with a South Carolina federal post-conviction relief (PCR) lawyer could change your perspective on the possibilities for your federal case. Call today to schedule a meeting and discuss your situation.