Post Conviction Litigation

Overview

Post-conviction litigation includes various legal proceedings that occur after a conviction has been entered. These may address constitutional violations, newly discovered evidence, ineffective assistance of counsel, or other grounds for relief. Post-conviction remedies can provide opportunities to challenge convictions or sentences even after direct appeals have been exhausted. In federal cases, post-conviction options include habeas corpus petitions under 28 U.S.C. § 2255, compassionate release motions, and other relief. We handle sentence reductions, compassionate release for medical or extraordinary circumstances, and challenges based on changes in the law. Each type of post-conviction proceeding has specific procedural requirements and deadlines.

In Miami-Dade, we assist clients with record sealing, probation violations.

See our post-conviction case results and compassionate release outcomes.

What This May Involve

Post-conviction matters may involve filing petitions or motions, presenting evidence, addressing constitutional claims, and pursuing relief through various legal mechanisms available after conviction.

• Identifying grounds for post-conviction relief
• Filing appropriate petitions or motions
• Presenting new evidence when available
• Addressing constitutional violations
• Pursuing relief from convictions or sentences

Common Steps in a Case

Every case is unique, but most criminal defense matters follow similar steps:

• Initial consultation and case evaluation
• Investigation and evidence review
• Legal research and strategy development
• Pre-trial motions and hearings
• Negotiations when appropriate
• Trial proceedings if necessary
• Sentencing or resolution

Steps and timelines vary by case and jurisdiction.

When to Speak With a Lawyer

If you believe there may be grounds for post-conviction relief, such as newly discovered evidence or constitutional violations, speak with an attorney to evaluate your options and applicable deadlines.

The Law Offices of Paul D. Petruzzi, P.A. represent clients in Miami, Miami-Dade, Broward, and nationwide. We handle federal and state criminal matters including investigations, bond hearings, trials, appeals, and post-conviction relief. For a free consultation, contact our office or call us. See our case results and practice areas for more information.