Attorney For Other Post Conviction Relief

Mr. Jon 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 post- conviction remedies in Virginia and other parts of USA.

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.

Post Conviction Remedies in Virginia

Get the legal help you need after a conviction. Post-conviction remedies can provide relief and allow you to restore your rights and privileges. Our experienced attorneys at Virginia Post Conviction will help you navigate the complex legal process and build a strong case.

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.