After a federal drug trafficking conviction, you may feel like your options are exhausted but in reality, several forms of post-conviction relief may still be available. These legal tools offer a second chance to challenge your conviction or reduce your sentence, especially if new evidence or legal developments come to light. Below are examples of legal options available after a conviction that can be discussed with a federal criminal defense attorney.
A direct appeal is often the first and most immediate step in challenging a federal drug trafficking conviction. Typically, a notice of appeal must be filed within 14 days of sentencing, making timing critical. During a direct appeal, the appellate court reviews the trial court’s record to determine whether legal errors occurred that may have affected the outcome of the case. These errors could include improper admission of evidence, incorrect jury instructions, sentencing miscalculations, or violations of constitutional rights.
An experienced federal criminal defense attorney will carefully analyze trial transcripts, motions, and rulings to identify any procedural or substantive mistakes. Unlike a retrial, direct appeals do not involve introducing new evidence or witness testimony, instead, they focus on legal arguments based on what occurred in the lower court.
While a successful direct appeal can lead to a new trial, a reduced sentence, or even a dismissal, not all appeals result in reversal. However, if the direct appeal is denied, other post-conviction remedies may still be available.
If you’ve already gone through the appeals process and your conviction still stands, the next step may be filing a motion under 28 U.S.C. § 2255, commonly referred to as a habeas corpus petition. This powerful post-conviction tool allows a federal prisoner to challenge the legality of their conviction or sentence based on issues that go beyond what could have been raised on direct appeal.
Grounds for a § 2255 motion include:
Unlike direct appeals, which focus on errors made during trial, a § 2255 motion can introduce new evidence or claims that were not previously considered. This motion must generally be filed within one year of the final judgment becoming final, although certain exceptions apply, such as newly discovered evidence or a new rule of constitutional law made retroactive by the Supreme Court.
Compassionate release allows eligible federal prisoners to request a reduced sentence based on extraordinary circumstances. Thanks to the First Step Act, individuals can now file these motions directly with the court, rather than waiting for the Bureau of Prisons to act. Qualifying reasons include terminal illness, serious medical conditions that cannot be adequately treated in prison, or extraordinary family circumstances such as the death or incapacitation of a caregiver. Courts may also weigh factors like evidence of rehabilitation, time already served, and changes in sentencing laws.
In some cases, a federal inmate may qualify for a reduced sentence if the U.S. Sentencing Commission retroactively lowers the sentencing guidelines for certain offenses. When this happens, individuals sentenced under the old guidelines can petition the court for a sentence reduction under 18 U.S.C. § 3582(c)(2).
For example, the Commission has previously lowered the guidelines for certain drug trafficking offenses, allowing thousands of inmates to receive shorter sentences. Eligibility depends on the nature of the offense, time already served, and whether a reduction would pose a danger to the public.
Why You Need Strategic Counsel
Post-conviction relief is highly technical and time-sensitive, and the stakes couldn’t be higher. At Glozman Law, we help clients nationwide pursue every available legal avenue, from habeas petitions to compassionate release, to fight for their freedom and their future. If you or a loved one may be eligible for post-conviction relief, don’t wait. Contact Glozman Law today for a confidential consultation.
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