Summarizing post conviction relief costs Expect to pay the small town, rural criminal attorney approximately $150.00 to $200.00 per workload hour and an investigator approximately $100.00 per workload hour, plus expenses.
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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.
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.
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.