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Post Conviction Relief Attorney Miami

Post-Conviction Relief Lawyer in Miami

Let our federal defense attorneys take a second look at your case and conviction

Court systems and law enforcement agencies are operated by humans. Therefore, errors can happen at any time. Unfortunately, some legal errors result in people receiving unwarranted criminal convictions and excessive sentencing. The good news is Post-Conviction relief gives people who are convicted of a crime another opportunity to reverse the impact of a legal error. David Joffe represents people in Miami who need post-conviction relief after being found guilty of a federal crime. Miami post-conviction relief attorney David Joffe has the experience, professional network, and resources it takes to support you through the process.

Post-conviction relief petition vs. filing a direct appeal

Post-Conviction relief may sound very similar to filing an appeal. However, there are important differences between the two. When an error occurs at trial, a defense attorney will preserve the issues and file a direct appeal after conviction and sentencing. Direct appeals can only be based on errors committed by trial court. Examples include:

  • lack of sufficient evidence
  • improper jury instructions
  • prosecutor or jury misconduct
  • court improperly admitted evidence
  • court improperly excluded evidence

When filing a direct appeal to request the correction of a trial court error, the defendant’s attorney is not permitted to introduce additional testimonies or present new evidence. Instead, the attorney files the appeal with an appellate court, and the appellate court treats the trial court’s fact-finding as if it were correct.

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In sharp contrast to the appeals process, Post-Conviction relief allows the defense to introduce evidence of the violation of the defendant’s constitutional rights. When filing a Post-Conviction petition, a defense attorney may present additional evidence and raise new issues that may or may not have been addressed by the trial court. Instead of filing with the appellate court, the defendant’s attorney files the petition with the same trial court, and typically the same judge, who presided over the case.

Types of post-conviction relief

There are several types of Post-Conviction relief available within the state and federal court systems. For the defendant and his or her attorney, the ultimate goal is to have a new trial or vacate the trial court’s judgment entirely. Examples of Post-Conviction remedies include:

  • a withdrawn plea
  • a new trial
  • a writ of habeas corpus
  • sentence modification
  • record expungement

Filing a motion to withdraw a plea

If a defendant pleads guilty at his or her arraignment, the court automatically convicts the defendant, and the case proceeds to the sentencing phase. In some cases, a defendant may plead guilty due to coercion, ineffective legal assistance, or misinformation. A Miami Post-Conviction relief lawyer can help by filing a motion to withdraw the defendants plea. If granted, a motion to withdraw a plea results in the entire trial process starting over. Once restarted, the case will proceed as if the defendant never entered a guilty plea.

Motion for a new trial

A motion for a new trial is a request to vacate the trial court’s judgment. Attorneys base these petitions on the assertion that there were significant errors in the original trial. Courts will most often consider a motion for a new trial if:

  • the jury’s verdict did not align with the evidence presented at trial in a way that is unjust or inequitable
  • the court illegally admitted evidence or withheld a substantial amount of evidence from the jury
  • the defense discovered new and important evidence after the trial

Motions for a new trial are notoriously challenging to win. Therefore, criminal court defendants should always contact an experienced Post-Conviction relief attorney to file the motion on their behalf.

Getting a writ of habeas corpus in Miami

Defense attorneys use writs of habeas corpus for clients who are incarcerated. Available at both the state and federal levels, the writ of habeas corpus challenges the legality of the incarceration. A state or federal court may grant the writ if:

  • conviction resulted in illegal detention
  • the defendant was denied the right to a fair trial
  • the trial court convicted the defendant based on cruel and unusual punishment

Post-conviction sentence modification

The Constitution calls for sentencing to be proportionate to the related offense. A defense attorney may challenge the sentence a court assigns if the sentence is too severe or otherwise invalid. State and federal sentencing courts can modify, suspend, or probate a sentence.

Executive branch remedies

Certain types of Post-Conviction relief are only available through the executive branch. Instead of filing a petition with a state or federal court, the defendant’s attorney must file with a department within the state or federal executive branch.

A Miami Post-Conviction relief attorney may request clemency on a convicted defendant’s behalf from the state governor’s office. Unlike remedies that overturn a conviction or modify sentencing, clemency allows the offender to have his or her rights restored after conviction. The result is similar to forgiving the individual for his or her offense after being released from incarceration.

Similar to clemency, commutation is another Post-Conviction relief that forgives the offense. However, the convicted party does not typically have certain civil rights like gun ownership restored upon release from jail or prison.

Individuals who are incarcerated in the federal prison system may file a petition for a pardon. If granted, a pardon absolves the individual from all of their legal charges. Because pardons require approval from the President of the United States, obtaining them can be more challenging. A qualified Miami Post-Conviction relief attorney can advise you of the best legal options for your case.

Post-conviction relief lawyer in Miami

Call Joffe Law when you need a dedicated federal criminal defense attorney who has a proven track record of success in high-stakes cases. Whether you believe you may have had ineffective counsel during your trial or if you are simply looking for a second legal opinion, we will help you make informed decisions about your case.

Contact us today. A member of our team will evaluate your case.

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Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.