Federal Habeas Corpus And 2255 Motions As Post-Conviction Relief
Many prisoners have found success in attacking their federal convictions through the post-judgment remedies available under either 18 USC 2254 or 18 USC 2255.
It is critical to note that a federal 2255 motion must be filed within a strict one-year time limit from the date the judgment of conviction became final, with few exceptions.
Is A 2255 Motion Right For Your Case?
Deciding whether a 2255 motion — beyond the appellate relief you’re seeking — is the right kind of motion in your case should be based on a thoughtful consultation with our law office. Attorneys should review the facts of your case, ask you strategically relevant questions and determine ultimately what evidence beyond the appellate record must be included in your motion for an effective outcome.
When you’re seeking to vacate an unjust conviction, the question inevitably becomes: what motion you should file — or whether you should appeal your conviction.
It is helpful to understand that there are several kinds of habeas relief available in federal courts: (1) applications for relief under either 2254 challenge state court convictions on constitutional grounds, while (2) applications for relief under 2255 and 2241 challenge federal convictions on constitutional, and other grounds enumerated by law.
Writs Of Habeas Corpus
These federal remedies are often referred to as Federal Writs of Habeas Corpus, each governed by a complex web of statutory and common law procedures.
Other federal post-judgment options include Writs of Error Coram Nobis, 2241 applications and other less common applications for relief that may or may not be helpful in a state or federal conviction.
Finding Your Way Forward After A Conviction
Choosing the right vehicle for federal relief requires the assistance of experienced counsel. The laws governing post-conviction relief in the federal courts are based on complex procedures. You cannot afford to make a mistake that could have a large negative impact on your long-term outcome.