- +1 (212)-695-1962
- info@elementskit.com
- 463 7th Ave, NY 10018, USA
Federal & State Post-Conviction Lawyers A conviction is not the final word. At the Law Offices Of SRIS, P.C., we provide strategic appellate and post-conviction representation to protect your rights and fight for your future. Serving clients in Virginia, Maryland, D.C., New York, New Jersey, and in Federal Courts nationwide.
What is Post-Conviction Relief? Post-conviction relief is a legal process that allows a person who has been convicted of a crime to challenge the conviction or sentence after the time for a direct appeal has passed or the appeal has been lost. It is not a re-trial of the original case. Instead, it’s a critical, secondary pathway to justice that focuses on fundamental errors, constitutional violations, or other serious legal defects that occurred during the trial or plea process. This can include claims of ineffective assistance of counsel, prosecutorial misconduct, or the discovery of new evidence of innocence.
Table of Contents
When a Conviction Feels Like the End, It’s Where Our Work Begins Right now, you or your loved one might be feeling a profound sense of hopelessness. The gavel has fallen, a sentence has been imposed, and the future feels uncertain and grim. You’re likely replaying every moment of the trial, second-guessing every decision, and consumed by anxiety about what comes next. We understand that fear. It’s real, it’s heavy, and it’s the reason our firm exists.
At the Law Offices Of SRIS, P.C., we want you to hear this loud and clear: a criminal conviction does not have to be the final word. The justice system, for all its authority, is not infallible. Errors happen. Constitutional rights are violated. Defenses are overlooked. Evidence is mishandled. When these injustices occur, they create pathways for a second chance—pathways that we are dedicated to finding and pursuing.
Our work begins where the trial ends. We are not trial lawyers; we are appellate and post-conviction attorneys. Our battlefield is the trial record, the legal briefs, and the appellate courtroom. We are meticulous legal researchers and writers, dedicated to analyzing every page of a transcript, every piece of evidence, and every judicial ruling to uncover the legal errors that can lead to a conviction being overturned, a sentence being reduced, or a new trial being granted. We help clients navigate the intricate post-conviction landscape in Virginia, Maryland, the District of Columbia, New York, New Jersey, and in federal courts across the country. This isn’t just a legal service; it’s a lifeline for those who feel the system has failed them.
Allowing a wrongful or unjust conviction to stand has consequences that ripple through every aspect of a person’s life and their family’s well-being. The stakes are far more than just time served; they represent a fundamental loss of liberty and opportunity.
The journey after a conviction is complex and follows a structured, often lengthy, path. While specific procedures vary by jurisdiction, the general stages provide a roadmap for what to expect.
Each stage has its own unique rules, strategies, and strict deadlines. Success requires a legal team that understands how to navigate every step of this intricate process.
Our work focuses on identifying and pursuing every viable legal avenue to challenge a conviction or sentence. This requires a deep and creative analysis of the case to determine the strongest grounds for relief.
Core Post-Conviction Remedies
Each state and the federal system has its own unique statutes, rules, and procedures. Our firm is purposefully structured to navigate these different legal landscapes, providing knowledgeable counsel tailored to the specific jurisdiction of your case.
Federal Courts We represent clients in federal appellate courts nationwide, including the 2nd, 3rd, 4th, and D.C. Circuits. Our federal practice focuses on direct appeals of federal convictions and motions to vacate sentences under 28 U.S.C. § 2255, often involving complex issues of federal sentencing guidelines and constitutional law.
Virginia In Virginia, our post-conviction work centers on direct appeals to the Court of Appeals of Virginia and the Supreme Court of Virginia, as well as petitions for a writ of habeas corpus to challenge convictions based on constitutional violations and claims of ineffective assistance of counsel.
Maryland We guide clients through the process outlined in the Maryland Uniform Postconviction Procedure Act. This involves filing petitions for relief in the circuit court, arguing for a new trial, sentence modification, or other remedies based on legal errors that undermined the fairness of the original proceeding.
District of Columbia (D.C.) For convictions in the D.C. Superior Court, we handle direct appeals to the D.C. Court of Appeals. We also file motions to vacate, set aside, or correct a sentence under D.C. Code § 23-110, the local equivalent of the federal § 2255 motion, to address constitutional violations and other grounds for relief.
New York Our New York practice includes direct appeals to the Appellate Division of the NY Supreme Court. We also have extensive experience with post-judgment motions, particularly CPL 440 motions, which are used to vacate judgments based on issues outside the trial record, like newly discovered evidence or ineffective legal counsel.
New Jersey In New Jersey, we represent clients in filing petitions for Post-Conviction Relief (PCR) under Court Rule 3:22. This is the primary method for raising claims of ineffective assistance of counsel and other constitutional violations that were not and could not have been raised on direct appeal.
The path to relief can seem like an impenetrable maze. To bring clarity and control to your situation, we’ve developed a systematic approach we call the Post-Conviction Pathway Assessment. This isn’t a simple form; it’s our firm’s meticulous process for deconstructing a case and building a strategic plan forward.
Our commitment is to diligent and strategic advocacy. While every case is unique, these anonymized results from our firm’s records demonstrate our experience in challenging convictions and sentences in Virginia courts.
Why It’s Not Too Late to Act After a conviction, it’s easy to feel defeated and think there’s nothing more to be done. Many people hesitate to seek post-conviction help, often due to common misconceptions. Let’s address those directly.
“I already lost my appeal, so it must be over.” A direct appeal is only the first step and is limited to errors found in the trial record. Post-conviction proceedings like habeas corpus are specifically designed to address different, often more powerful, issues that are outside the record, such as your lawyer’s failure to investigate or misconduct by the prosecution. Losing an appeal doesn’t mean your fight is over; it often means it’s time for a different strategy.
“I can’t afford another lawyer.” We understand the immense financial strain a legal battle puts on a family. However, the long-term cost of a conviction—lost income, lost opportunities, and the personal cost of incarceration—is often far greater. We provide a confidential case analysis to help you understand your options and the potential value of pursuing relief before you commit.
“Too much time has passed.” While strict deadlines are a serious concern, don’t assume you’re out of time. The clock for filing can be complex, and certain situations, like the discovery of new evidence of innocence, can sometimes create exceptions. The only way to know for sure is to have your case reviewed by a knowledgeable attorney immediately.
“I trusted my trial lawyer, and I don’t want to blame them.” Claiming “ineffective assistance of counsel” isn’t about personal blame; it’s a legal argument that the representation you received fell below the constitutional standard everyone is entitled to. It is the most common and often most successful basis for post-conviction relief. Your constitutional right to a fair trial and competent counsel is more important than any feeling of loyalty to a lawyer whose performance may have cost you your freedom.
An appeal is based on errors found within the "four corners" of the trial court record (transcripts, evidence, etc.). It argues the judge made a mistake. A habeas corpus petition (or similar post-conviction filing) allows you to introduce new evidence and argue issues outside the record, such as your lawyer being ineffective or the prosecutor hiding evidence.
There are very strict deadlines, known as statutes of limitations. For federal habeas petitions (§ 2254 and § 2255), the deadline is typically one year from the date your conviction becomes final. State deadlines vary. It is absolutely critical to contact an attorney as soon as possible to determine your specific filing deadline.
Yes. Even if you accepted a plea bargain, you may still be able to challenge your conviction. Common grounds include being coerced into the plea, receiving incorrect legal advice from your attorney about the consequences of the plea (ineffective assistance), or the plea not being knowing and voluntary.
Post-conviction relief is an uphill battle, and success is never guaranteed. The legal system is designed to favor the finality of convictions. However, success is possible with strong legal arguments, thorough investigation, and persuasive presentation. The strength of any case depends entirely on the specific facts and legal errors present in the record.
The process begins with a detailed case review. A family member can contact us on their behalf to initiate this. We will need to obtain all case documents and trial files to begin our Post-Conviction Pathway Assessment. You can reach us at 888-437-7747 to discuss the first steps.
Take the First Step: Request an Evaluation of Your Case The weight of a conviction is immense, but you do not have to carry it alone. The window of opportunity for challenging a conviction or sentence is limited and unforgiving. Taking action now is the most important step you can take toward reclaiming control and fighting for justice.
Contact the Law Offices Of SRIS, P.C. today to schedule a confidential and comprehensive analysis of your case. Let our experienced post-conviction team assess your options and provide you with a clear understanding of the potential pathways to relief. Call us at 888-437-7747 or fill out our secure online contact form to begin.
Disclaimer This website is for informational purposes only and does not constitute legal advice. The information contained herein is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel. Past results do not predict future outcomes, as each case is unique.
Criminal Defense & Family Law
Mr. SRIS Licensed in VA, MD, NJ, NY, DCOwner & CEO – Former Prosecutor