2255 MOtions

We work with clients to either petition for 2255 relief themselves, or work behind the scenes to make the best case, and find the right lawyer to file after the hard work is done.

2255 Appeals

After direct appeals are exhausted, the only option left for reviewing a conviction or sentence is the Motion to Vacate, Set Aside or Correct a Sentence under 28 U.S.C. §2255. The time-limit to file is 1 year after appeals are exhausted (if they were even tried). Most defendants only get one chance to file these.

We are experts in navigating the complicated area of §2255 motions, and we ensure that clients do not waste their one shot at review while saving them tens of thousands of dollars in the process.

What is a §2255 Motion

In general, a §2255 Motion to Vacate, Set Aside, or Correct a sentence is a filing in federal court to review a criminal case for constitutional deficiencies. This is not a normal, direct appeal, and should be filed after all direct appeals are made. Here are some basic requirements for these filings:

  • Only federal inmates may file;
  • Complaints cannot be made if they could have been made on direct appeal;
  • Complaints must be an attack on the sentence or conviction itself, not issues related to confinement (such as RDAP acceptance, placement in halfway house, or holdings in Solitary/SHU);
Most 2255 motions are made to address issues like Ineffective Assistance of Counsel (a really bad defense lawyer) or misconduct by the prosecutor. However, there are too many issues that can be addressed in an appeal like this to list here.
    Essentially, these motions are a last line-of defense for a convicted federal inmate to have the issues of conviction and sentencing resolved before those judgments become final. Most inmates don’t even learn that these appeals exist until they are already in prison and a jailhouse lawyer is offering to handle one for a fee. We offer professional help, coordination, case management, and even referrals to good lawyers to make this process as effective as possible before the 1-year window to file them closes.

How are §2255 Motions Filed?

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PCR Consultants is a different kind of consulting agency.
We put the right paperwork into client’s hands to help them gain early release from federal probation.