Other Post-Conviction Remedies

Mr. Sheldon has won the release of his clients and overturned convictions for numerous clients, including for clients with immigration issues, through virtually every known remedy including: writs of innocence, motions to vacate, independent actions to vacate a conviction for fraud pursuant to Va. Code § 8.01-428(D), coram nobis or Va. Code § 8.01-677, nunc pro tunc, motion for suspension or modification of sentence pursuant to Va. Code § 19.2-303, expungements, and other remedies.

Post conviction relief processs is a legal process available to individuals who have been convicted of a crime and exhausted all of their appeals. The post conviction relief process in virginia provides a way for defendants to challenge their convictions or sentences based on claims of constitutional violations, new evidence, or ineffective assistance of counsel.

Familiarity with the various remedies and how to fit a client’s case into a particular remedy is important because of the drastic nature of finality in the criminal justice system in Virginia.

The 21-day rule in Virginia strictly limits a trial court’s ability to address errors in a conviction. The Supreme Court of Virginia has stated that “[t]here are strong policy reasons favoring certainty of results in judicial proceedings. Accordingly, we attach a high degree of finality to judgments, whether obtained by default or otherwise. Rule 1:1 implements that policy, and we apply it rigorously, unless a statute creates a clear exception to its operation.” In most cases, 21 days after the sentencing order was entered the conviction becomes final. Therefore, any challenges to the conviction or sentence made after 21 days must be addressed through exceptions to the policy of finality contained in Rule 1:1, such as those above.

Motion to Vacate in Virginia

A motion to vacate in Virginia is a legal document filed by a party in a court case asking the court to set aside or vacate a prior judgment or order. In criminal cases, a motion to vacate is typically used to challenge a conviction or sentence based on new evidence, a constitutional violation, or ineffective assistance of counsel.