After you plead guilty and are sentenced by a federal judge you lose the ability to appeal.  In the guilty plea there is language tat states you knowingly waive the right to appeal.  This doesn’t mean there is no post conviction relief available.  You may still be able to file a motion for a reduced sentence under the amended sentencing guideline.  You may also be eligible to file a motion for compassionate relief and there is also the option to file a motion for ineffective counsel. 

A writ of habeas corpus is a court order. It demands that a public official  (such as a warden) deliver an imprisoned person to the court and show good cause for their detention. The writ allows a prisoner to challenge the legality of their confinement.

The rules for filing a federal writ of habeas corpus are codified in 28 U.S.C section 2241-2256. Generally, one cannot file a writ of habeas corpus unless they show the government has detained them. Additionally, a state prisoner cannot file a federal writ unless they exhaust all available state remedies. The federal court will likely dismiss the writ if the defendant fails to exhaust all available remedies.

First Step Act (FSA) credit is earned time credit towards early release for those who qualify.  In general FSA credits are applied every 30 days.  For the first 6 months of Federal custody a person will earn 10 days per 30 days for a total of 60 days earned time credits.  Individuals with a minimum PATTERN score are eligible for an additional 5 days of earned time credits after this initial 6 months.  Each additional 30 days served will result in 15 days of earned time credits applied towards early release.  Currently, these credits are auto calculated and should be applied every 30 days.  If you are not earning your credits or if they are not being applied accurately, contact our experienced law firm to assist you in pursuing the correct application of these credits.

The Bureau of Prisons (BOP) requires a justice-impaired individual to exhaust the administrative remedies available through the BOP prior to filing any relief in the court system. The administrative process begins with a BP8 which is a simple written request for corrective action.  The next step is a BP9 which is a written request for corrective action that goes to the administrators of the prison facility.  Following that a BP10 which is mailed to the Central BOP office and is again the same written response for correction contained in the BP9. The next level is called a BP11 and that is mailed to the Central Office for the BOP and it includes the copies of the BP9 and the BP10 and that is the final written request for relief. There are formatting and time sensitive requirements for filing these remedies.  If you or a loved one needs assistance in filing these remedies please contact our firm and we can help ensure the procedures are followed and your paperwork is correct.  

Petitions for post-conviction relief or a writ of habeas corpus are ways a person can challenge the legality of a conviction or sentence after an unsuccessful appeal or after the time to appeal has expired. Frequently, these challenges involve matters outside the trial court record, such as newly discovered evidence or ineffective assistance of counsel. Generally, issues either raised on direct appeal or known but not raised on direct appeal, cannot be raised collaterally on a petition for post-conviction relief.

No. Our experience in post conviction work means we will assist you and include attorney supervision for all post-conviction work performed. We will access our legal database in preparing documents with the most up to date case law. We will review your case, we will assist in all motion preparation, we will draft all administrative remedy relief and we will provide detailed instructions for filing pro-se.  In the event that your case needs to be filed in court and you require an attorney to represent you we will discuss having the lead attorney represent you in a separate agreement which outlines the terms of that legal representation. 

Our firm will provide you with an invoice once the retainer is executed.

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