A conviction in federal court is not always the end of a defendant’s legal journey. Two primary options exist for challenging a conviction: direct appeal and post-conviction relief. Although both seek to correct injustices, they follow different procedures and address different types of errors. Choosing the right path is crucial to protecting your rights and increasing your chances of success.
A direct appeal is the first opportunity to challenge a conviction or sentence. It focuses on legal errors that occurred during the trial or sentencing. Common appellate claims include improper admission of evidence, prosecutorial misconduct, insufficient jury instructions, or violations of constitutional rights.
Direct appeals are limited to the record created in the lower court. No new evidence can be introduced. Instead, appellate judges review transcripts and filings to determine whether legal mistakes affected the outcome.
Timing is also critical. In federal court, defendants typically have only 14 days after sentencing to file a notice of appeal. Missing this deadline can eliminate the opportunity for direct review.
Post-conviction relief, often filed under 28 U.S.C. § 2255, occurs after a direct appeal is complete or waived. Unlike an appeal, this process allows defendants to raise issues outside the trial record, such as ineffective assistance of counsel, newly discovered evidence, or constitutional violations not apparent on the surface.
A § 2255 motion is filed in the same court that issued the conviction, giving the trial judge a chance to review whether the conviction or sentence violated federal law. This stage can involve hearings, affidavits, and new evidence.
Many defendants pursue both. First, they file a direct appeal to challenge trial-level mistakes. If that fails, they later file a § 2255 motion to address deeper constitutional issues. However, success in one stage can affect the other. Some claims must be raised on appeal or risk being forfeited.
Working with an experienced attorney is vital to mapping out a strategic approach. At Glozman Law, we guide clients through every stage of post-conviction advocacy, identifying which claims belong in which forum and ensuring all deadlines are met.
Federal appellate and post-conviction work requires precise legal reasoning and deep familiarity with procedural rules. A misstep can permanently close the door on relief. Our team understands how to build compelling arguments that demonstrate real prejudice and constitutional harm.
If you or a loved one faces a wrongful conviction or harsh sentence, contact Glozman Law. We will evaluate your options and help you determine whether to pursue a direct appeal, post-conviction relief, or both.
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