One of the most formidable examples of a miscarriage of justice is when a defendant is wrongfully convicted and is forced to forgo their freedom by serving an unwarranted prison sentence. The nation's criminal justice system is supposedly designed to prevent unfortunate occurrences like this, with its noble intention of safeguarding the innocent while persecuting the guilty. But as time progresses, many have realized that too many innocent defendants tend to slip through the cracks.
One form of relief for those in this adverse situation is a 2254 motion, also known as a writ of habeas corpus. Translated, writ of habeas corpus means to “produce the body.” It is generally filed by people in prison, although some people have been known to file when informed of the mere threat of imprisonment. Overall, this motion is essential to the country's justice system. It serves as a legal alternative to protesting an imprisonment and keeps the government accountable. Without the 2254 motion, anyone would be able to be thrown in prison for any reason without justification.
A 2245 motion can be filed in federal court when all state options have been exhausted. This means that a direct appeal and Post-Conviction Relief Act (PCRA) petition must have been filed and rejected. There are a number of issues that can arise from this rule. The deadline for a 2254 motion is one year, which clashes with the PCRA petition deadline. This is where the help of an attorney becomes invaluable. An attorney can help determine which course of action would likely lead to success based on the circumstances of your individualized case.
Many aspects of attaining relief for a 2254 motion are complex. Post-conviction attorneys make crucial decisions that entail determining which claims should be presented to a federal court. Also, The case law interpretation presentation of claims pertaining to this motion are dense, and it can take large amounts of time to sift through state court proceedings to find claims that can potentially be presented to the federal court.
Everyone in these conditions has the right to file a 2254 motion, but it doesn't guarantee that it will be permitted. Federal courts will insist on clear and convincing evidence backing a writ of habeas corpus before even considering issuing one.
Pennsylvania Criminal Appeals Attorney
Many mistakes occur during the trial period, and at the time of sentencing, that should be corrected. An expert criminal appeals attorney can review your case transcript and strive to get procedural judicial errors, and other issues reviewed by courts that can reverse a conviction. Time is of the essence in the cases, so it's important you get an attorney involved as early in this appellate process as possible. Contact skilled attorney Joseph D. Lento today.