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Continuing the fight: Post-conviction motions and appeals

Just because you or a loved one was convicted of a crime does not mean that the fight is over. There are numerous types of post-conviction motions and appeals that can be filed in order to seek the justice that you deserve. In a recent New York Times article, it was reported that a new Justice Department finding showed that thousands of individuals were being held in federal prisons for far too long, many past their scheduled release date. This leaves the public wondering what can be done to not only make sure prisoners are released on time, but also what avenues can be explored to free someone from prison earlier than scheduled.

Prison is serious. Many people find their lives at risk in prison, even though they should be a safe environment. This is just one of the many reasons that it is never too late to seek help in freeing yourself or a family member. An experienced criminal defense attorney can explain your options, such as:

Appeals

Not all cases are right for an appeal. However, it may be worth having a lawyer thoroughly examine your court records to determine if there may be grounds upon which to file an appeal. While appeals do not always immediately free an inmate, it may lead to the release if there is a dismissal of the conviction or a new trial is warranted.

Post-Conviction Motions

Filing a Writ of Habeas Corpus, motion to set aside a verdict, motion to vacate a conviction or request for a new trial (due to the discovery of new evidence or incompetent counsel) are all types of post-conviction actions that may be taken to ensure all aspects of your situation are explored.

Know Your Release Date And Your Rights

Whether you are the one incarcerated or have a loved one who is, it is important to keep up a relationship with an attorney and to know the release date. Your attorney can help protect your rights in and out of jail, and you have the power to be vocal about your release date. You do not lose your rights while you are in prison.

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Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
Fax: 718-793-0165
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