Attorney For Other Post Conviction Relief
Other Post Conviction Relief Process -Attorney Jon Sheldon Represent
The attorneys of Viginia Post Conviction have won the release of their clients and overturned convictions for numerous clients through a plethora of remedies. Our attorneys are ready to help you with anything and everything related to post conviction work.
Post conviction relief is available to any person that has been convicted who has exhausted the appeals process. This may include a Habeaus Corpus petition, a pardon petition, attempting to obtain parole, or a motion to vacate.
Post Conviction Remedies 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 rarely successful, mostly because it is drastically misunderstood. The attractiveness of a motion to vacate in criminal cases is that it can be filed at any time, even years after a conviction is final. That is because a motion to vacate is premised upon the fact that the trial court never had the power (jurisdiction) to do what it did in the case. A typical example is when a court sentences a defendant to a term of years more than that authorized by law. While it is obvious that a defendant would like the errors in his case to fit in a motion to vacate, most constitutional violations do not fit. For example, allegations of ineffective assistance of counsel will never be successful in a motion to vacate – while it is a constitutional violation, it does not mean that the court did not have the power to do what it did in the case.
Post-Conviction Attorney Serving the State of Virginia
Virginia Post Conviction is your best resource for Post Conviction Services. Our office is located in Fairfax but we practice all over Virginia. Schedule your consultation today by calling (703) 691-8410.
