Post Conviction

Relief & Remedies

post-conviction

Post Conviction Relief & Remedies

The Law Office of David Jay Bernstein, P.A. is ready to handle your post conviction needs. We can represent the defendant on a Federal Direct Appeal in Florida or appear pro hac vice in many other states.

We can handle your plea or craft a persuasive sentencing memorandum. We have in-depth knowledge of the prison system and the Residential Drug Abuse Program. In fact, through direct correspondence and our newsletter we maintain email, phone and mail correspondence with thousands of inmates on an ongoing basis.

If  defendant has been convicted of a state or federal crime, and either lost their appeal or did not appeal, Law Office of David Jay Bernstein, P.A. can help the defendant challenge the conviction in a post-conviction proceeding.

Post-conviction proceedings are similar to appeals in that a defendant may ask the court to review his or her trial for any errors. However, unlike an appeal, the defendant can ask the court to travel outside the scope of the written record of the case and review any unfair aspect of the trial or appeal. For example, a defendant may request a new trial based on newly-discovered evidence that was not available at the original trial. A defendant also may be entitled to a new trial if he or she can demonstrate that his or her attorney provided ineffective assistance at trial or on appeal, or if his or her conviction was otherwise obtained in violation of either State or Federal Constitutions.

We constantly monitor the state and federal courts to stay on top of recent cases which may help those who are incarcerated get relief. Recent cases have enabled us to assist those who have been down for many years who otherwise would have been procedurally barred.

In state court or federal court, the defendant will file a motion for appropriate relief which typically is heard before the judge who presided over the original trial. If the judge denies the motion, the defendant may ask the state court of appeals to review the decision. If the defendant is not successful in the state courts, he or she may file a petition for a writ of habeas corpus, or “2254 petition,” in federal district court. To succeed in federal court, the defendant must demonstrate that the denial in state court was contrary to federal law, involved an unreasonable application of well-established federal law, or was based on an unreasonable determination of the facts in light of the evidence presented in the state-court proceedings. If the federal court’s decision is not favorable,the decision may be appealed to the Supreme Court of the United States.

In federal court, the defendant will file a petition for a writ of habeas corpus, or “2255 petition.” This petition is typically heard before the judge who presided over the original trial. If the judge grants the petition, the defendant may be entitled to a new trial, a new sentencing hearing, or even a dismissal of the charges. If the judge denies the defendant’s motion, he or she may appeal the case to the Federal Circuit Court of Appeals, and then may petition the United States Supreme Court to review the case.

State and federal post-conviction proceedings are governed by complex procedural rules and strict deadlines. For that reason, it is important to have an attorney who knows how to navigate the state and federal post-conviction process. Law Office of David Jay Bernstein, P.A. has the experience necessary to help you successfully challenge your conviction. Because of the strict deadlines involved in post-conviction proceedings, make sure to contact our office today for a consultation on your particular case.

An inmate may challenge the sentence or conditions of confinement through a 2241 motion. We can file this motion for you in the court of  your local jurisdiction.

justice

Recent cases have enabled us to assist those who have been down for many years who otherwise would have been procedurally barred.

  • Post Conviction Relief & Remedies
  • Compassionate Release
  • Second Chance Act
  • Rule 35
  • Sentence Mitigation

(954) 747-9777