A conviction doesn’t always mean the fight is over. You still have options to challenge the outcome, reduce your sentence, or seek relief through post-conviction motions. Courts make mistakes, and laws change, opening new opportunities for review. Whether you believe your trial was unfair, your sentence is too harsh, or new evidence has surfaced, legal avenues exist to pursue justice. Timing matters in post-conviction cases, and taking action quickly can make all the difference. If you’re looking for ways to fight back, Federal Criminal Attorneys of Michigan is here to help.
Preserving the Right to Appeal
If you’re considering an appeal, timing is everything. In most federal cases, you must file a notice of appeal within 14 days of sentencing. Missing this deadline can mean losing your chance to challenge the verdict or sentence. An appeal isn’t a new trial—it’s a request for a higher court to review legal errors in your case. Acting quickly and correctly preserves your right to appeal and gives you the best chance at a fair review.
The Appeals Process: What to Expect
An appeal is not a new trial but a request for a higher court to review legal mistakes made during your case. The appellate court examines the trial record, written arguments (briefs), and sometimes oral arguments. No new evidence or testimony is allowed. If the court finds errors that affected the outcome, it may overturn the conviction, reduce the sentence, or order a new trial.
Common grounds for appeal include:
- Improper jury instructions
- Insufficient evidence to support the verdict
- Prosecutorial misconduct
- Ineffective assistance of counsel
- Sentencing errors
- Constitutional violations, such as unlawful searches or coerced confessions
Resentencing Options: Rule 33 & First Step Act
Resentencing provides a chance to reduce or modify a sentence under specific legal grounds. Two common options include Rule 33 motions and First Step Act resentencing. Both require strong arguments and supporting evidence but serve different purposes.
Rule 33 Resentencing
- Allows for a new trial based on newly discovered evidence
- Must be filed within three years of conviction
- Can also be filed for trial errors, but within 14 days of sentencing
First Step Act Resentencing
- Applies mainly to federal drug offenses
- Allows sentence reductions for certain non-violent offenders
- Provides retroactive relief for specific sentencing reforms
Compassionate Release: Seeking a Sentence Reduction
Compassionate release allows federal inmates to request a sentence reduction due to serious health issues or extraordinary circumstances. This option is available for those facing terminal illness, debilitating medical conditions, or other urgent situations. Before filing in court, inmates must first request relief from the Bureau of Prisons. If granted, compassionate release can significantly shorten a sentence, allowing individuals to return home under supervised release or other conditions. Strong medical and legal documentation is necessary for approval.
State Habeas Petitions: Challenging Unlawful Detention
A state habeas petition allows prisoners to challenge their detention by arguing that their conviction or sentence violates constitutional rights. This legal action is often used to raise claims such as ineffective assistance of counsel, prosecutorial misconduct, or due process violations. Habeas petitions must follow strict procedural rules and deadlines, making timely action important. If successful, a court may overturn the conviction, reduce the sentence, or order a new trial, providing a potential path to justice.
Federal Habeas Petitions: 2254 & 2255 Motions
Federal habeas petitions allow prisoners to challenge their conviction or sentence based on constitutional violations. Two key options exist:
- 2254 Petitions – Filed by state prisoners seeking federal court review of constitutional violations in their case. These petitions often address issues like ineffective assistance of counsel, unlawful detention, or due process violations.
- 2255 Motions – Used by federal inmates to challenge their sentence or conviction. Common claims include sentencing errors, newly discovered evidence, or violations of constitutional rights.
Strict filing deadlines apply, and success depends on strong legal arguments. If granted, relief can include a new trial, reduced sentence, or even release from custody.
Supervised Release Violations: Defending Your Freedom
Violating supervised release can lead to serious consequences, including additional prison time. Common violations include failing drug tests, missing check-ins, or committing new offenses. The court will consider the severity of the violation, your history, and any mitigating circumstances before deciding on penalties. You have the right to challenge allegations and present evidence in your defense. With the right legal strategy, you may be able to avoid incarceration or secure a reduced penalty.
Taking the Next Step
Post-conviction relief can make a real difference in your future, but time is limited. Whether you need to appeal, seek resentencing, or challenge a violation, we’re ready to fight for you. Contact Federal Criminal Attorneys of Michigan today to discuss your options and take the next step toward justice.
