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);
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.