The hourly cost of retained criminal counsel can vary with geographical location and the crime for which post conviction relief is pursued. One can expect an attorney’s average billing cost to be anywhere from $150.00 to $600.00 per hour. Photo by Nathan Dumlao on Unsplash
Full Answer
John Joseph Brosnan
There is no set cost. Attorney fees vary widely. You will need to call around to a few attorneys and see what you can expect to spend. Understand attorneys can't tell you if "it will even work".
Ira D Karmelin
Your question cannot be answered here, nor as an asked. There is no simple price for a motion for post-conviction relief. It is determined based upon how much time the attorney believes will be required to prosecute the motion. So, if there is a lot of material to review, the cost will be higher than if there is nothing to review.#N#More
Alison Anne Kerestes
Lawyers aren't supposed to quote you a price on this service. I suggest that you call a few and see if they can give you a range. It will likely be expensive as the lawyer will have to make a complete review of the file, and then write a lengthy motion. You might want to start by asking your prior attorney.
Charles David Fantl
The fee an attorney will charge depends on the complexity of the issues involved, the location where the motion must be filed since attorneys in different locations charge different amounts, the experience of the lawyer, etc. You need to contact a lawyer directly to learn what her or his fee would be.
What is post conviction relief?
Post-conviction relief can be pursued by any federal criminal defendant, irrespective of original charges, conviction or sentence. The United States Code allows a defendant to seek post-conviction relief through a Motion to Vacate Judgment and is technically equivalent to a Petition for Writ of Habeas Corpus, discussed below. Commonly called Section 2255 Litigation in legal circles, this process is much like the state courts’ MAR proceeding and seeks to make reparations for ineffective assistance of counsel, jurisdictional and sentencing violations, or to present evidence not discovered before the conviction was in place. This litigation requires an allegation of a constitutional violation, but provides a defendant with an effective and powerful tool of review, even if a plea of guilty was entered without trial. Likened to state court, a Section 2255 Motion to Vacate is heard by the same judge who imposed a defendant’s original sentence.
What was the outcome of State v. A.H.?
State v. A.H. (2018) Client was convicted of multiple felony and misdemeanor counts of possessing weapons on educational property. RESULT ON POST-CONVICTION: All convictions vacated after statutes were ruled to be unconstitutional.
What happened in State v. K.P.?
State v. K.P. (2018) Client was convicted of first-degree murder and sentenced to life in prison. RESULT ON POST-CONVICTION: Conviction vacated due to ineffective assistance of counsel; client released with time served.
How long does it take to get a sentence after a conviction?
District Court judge will hold a sentencing hearing between 75-90 days after the conclusion of your trial. The judge uses this time to weigh the findings of your Pre-Sentence Report (PSR) and consult the United States Sentencing Guidelines (USSG) to determine an appropriate sentence. However, a skilled defense attorney will also use this time to employ a number of strategies, including appeals and post-trial motions, to highlight any errors or instances of negligence during the course of your trial that have denied you due process under the law. In some cases, these federal post-conviction strategies can result in having your sentence modified or reduced, vacating your conviction on some or all charges, or ordering a new trial (which gives you another chance to prove your innocence).
Can a federal conviction be appealed?
It is highly common for convictions in federal court to be appealed. Your attorney will appeal your case to the U.S. Circuit Court of Appeals presiding over your district, submitting a written brief (and occasionally a short oral argument) detailing instances in which errors or omissions occurred and how these wrongly affected the outcome against you. Upon review, if the appellate judges agree, they may vacate the conviction and/or sentence, remand the case back to the District Court for corrections, or call for a new trial. ( Click here to view some of our successful appeals .)
Can an attorney file habeas corpus after serving a sentence?
Even after you have begun serving your sentence, there are additional motions that your attorney may file that may provide leniency after the fact. If applicable, your attorney may opt to file a petition for habeas corpus, claiming that your imprisonment violates the Constitution. If new evidence comes out that could vindicate you; if your sentence is particularly severe or violates a plea agreement; or if changes in the law could affect the length of your sentence; these are all sufficient reasons for your attorney to petition for some form of post-conviction relief on your behalf.
Bruce Griffith Howie
There is no definite answer on attorney's fees because post-conviction relief motions under Rule 3.850 can vary widely in their length and in the amount and nature of evidence necessary to establish grounds for relief.
John Matthew Leace
It's hard to answer this question with any degree of accuracy. Fees vary from attorney to attorney based upon their experience, location, etc. Also, most attorneys evaluate the specifics of a case before setting a price. Contact or have a family member contact a few attorneys and discuss it with them specifically.
James Regan
You have two years from the date of the appellate opinion to file a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. I would happily give you a free consultation if you call me at 772.834.9375 to set it up with my legal assistant...
About The Post Conviction Stage of Your Federal Case
In most federal cases, a sentence is not handed down immediately when you are convicted, but instead the U.S. District Court judge will hold a sentencing hearing between 75-90 days after the conclusion of your trial. The judge uses this time to weigh the findings of your Pre-Sentence Report (PSR) and consult the United Stat…
Federal Appeals
- It is highly common for convictions in federal court to be appealed. Your attorney will appeal your case to the U.S. Circuit Court of Appeals presiding over your district, submitting a written brief (and occasionally a short oral argument) detailing instances in which errors or omissions occurred and how these wrongly affected the outcome against you. Upon review, if the appellat…
Post-Trial Motions
- In addition to direct appeal, your attorney may also file any of a number of post-trial motions to be considered by the District Court where your trial took place. For example, if new evidence has come to light that might have exonerated you otherwise, your attorney may petition for a new trial as an opportunity to present that evidence. Other possible post-trial motions include a Motion fo…
After Sentencing Has Occurred…
- Even after you have begun serving your sentence, there are additional motions that your attorney may file that may provide leniency after the fact. If applicable, your attorney may opt to file a petition for habeas corpus, claiming that your imprisonment violates the Constitution. If new evidence comes out that could vindicate you; if your sentence is particularly severe or violates a …
Our Experience with Federal Post-Conviction Procedures
- As you can see from the above, when you are convicted of a federal crime, isn’t simply a time for you to sit and wait to start serving your sentence. An experienced attorney working on your behalf can still make a significant difference in the outcome of your case. Attorney Marcia Sheinhas extensive experience in federal post-conviction strategies and has successfully negotiated for m…
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