Federal Postconvction

Hire Experienced Federal Post-Conviction Attorney

A Federal postconviction proceeding can be used to obtain an acquittal, a new trial, a lesser sentence, or other relief. With your unique circumstances in mind, McLain Law will formulate a Federal postconviction strategy and fight to obtain positive results for you.

Federal Postconviction Motion for Federal Prisoners (referred to as 2255 motion)

A 2255 motion must normally be filed at the trial court level within one year of the judgment and sentence becoming final. In general, a 2255 motion is used to bring claims of ineffective assistance of counsel, newly discovered evidence, involuntariness of plea, and sentencing errors. There truly are countless number of claims that can be brought in your 2255 motion. If successful, you could be granted an acquittal, a new trial, a lesser sentence, or other relief.

Federal Postconviction Motion for State Prisoners (referred to as 2254 motion)

A 2254 motion has a one year filing requirement and is subject to intense procedural rules. A 2254 motion can be used by a person convicted in state court and currently in custody to challenge their sentence or underlying conviction because it violates the Federal Constitution. Unlike other state court proceedings, a 2254 is litigated before a Federal judge in Federal court.

Request for Certificate of Appealability

Under Federal law, a defendant is not guaranteed the right to appeal the denial of a 2255 or 2254 motion. To appeal a 2255 or 2254 denial, you must request a certificate of appealability from a Federal district or circuit court judge. If granted a certificate of appealability, a panel of three judges at the Federal circuit court of appeals will review the 2255 or 2254 denial.

Effective Federal Post Conviction Procedding

Not every Federal postconviction proceeding is the same. For you to bring forward an effective Federal postconviction proceeding, it is important for your appellate criminal attorney to know the Federal rules of criminal and appellate procedure and criminal statutes and case law

Why us?

At McLain Law, we take pride in putting forward effective Federal postconviction proceedings by being familiar with the law, utilizing effective legal research, and remaining up to date on the newest decisions released by the very courts that will be deciding your case.

Call us at 407-792-3930

Contact McLain Law now to discuss an available Federal postconviction proceeding that could be beneficial for you. We are dedicated to seeing that the next decision made in your case is the right one.