POST CONVICTION SUPPORT & REPRESENTATION
Several avenues of reconsideration can be pursued following exhaustion of appellate remedies through a process known as post-conviction relief. Post-conviction relief is designed to allow people convicted of crimes to seek review due to:
- the discovery of new evidence
- showing that your lawyer in the underlying matters was ineffective or committed error
- misconduct existed on the part of the prosecution regarding your conviction
- and other similar issues
Through the post-conviction process these and other matters can be challenged, explored and litigated. Though the post-conviction process is inherently adversarial and accusatory, a relentless, experienced post-conviction relief attorney can advocate effectively through a process often filled with defensive and hostile emotions.
The procedures for post-conviction relief application are different in state and federal court, and the technical aspects of motions, briefs, and argument vary from system to system, but both are complex. Dan possesses considerable expertise and experience advocating for the rights of people through this final assault against a conviction and/or sentence. When an issue is uncovered through the course of meticulous review and investigation that may result in a new hearing of the issues, Dan tirelessly pursues every possible remedy available to the client.
STATE COURT POST CONVICTION RELIEF
In North Carolina state courts, post-conviction relief is sought through the court of original jurisdiction (district or superior court). Essentially an appeal to the judge presiding over the original conviction, relief is sought through documents broadly titled Motions for Appropriate Relief or MARs. As the name of the motion implies, MARs seek whatever relief may be appropriate for the defendant and might include a request for dismissal of charges, a request for new trial, or request for a new sentencing hearing. MARs apply to defendants convicted by a jury as well as to those who entered a plea of guilty pursuant to an agreement with the prosecution. The Motion for Appropriate Relief requires the same experience and legal savvy as is necessary to be successful in the appellate arena. The process includes a detailed review of all evidence, testimony and witness statements, conduction of an investigation for new evidence or information, and application of key legal arguments persuasive and compelling enough to inspire a judge to grant the relief being sought. Dan has a successful post-conviction relief history in North Carolina State Courts.
POST CONVICTION RELIEF IN FEDERAL COURT
Post-conviction relief can be pursued by any federal criminal defendant, irrespective of original charges, conviction or sentence. The United States Code allows a defendant to seek post-conviction relief through a Motion to Vacate Judgment and is technically equivalent to a Petition for Writ of Habeas Corpus, discussed below. Commonly called Section 2255 Litigation in legal circles, this process is much like the state courts’ MAR proceeding and seeks to make reparations for ineffective assistance of counsel, jurisdictional and sentencing violations, or to present evidence not discovered before the conviction was in place. This litigation requires an allegation of a constitutional violation, but provides a defendant with an effective and powerful tool of review, even if a plea of guilty was entered without trial. Likened to state court, a Section 2255 Motion to Vacate is heard by the same judge who imposed a defendant’s original sentence.
Dan Blau is a skilled and accomplished constitutional advocate. He has written and argued dozens of such briefs to secure post-conviction relief on behalf of clients. Call today for an evaluation of your matter for post-conviction relief. You deserve the chance to change your outcome.
919-256-3606
What Our Clients Say
Dan went above and beyond handling my case: Assault with a deadly weapon with intent to kill, inflicting serious injury. He kept me informed every step of the way, got me in contact with a private investigator and even had the news groups remove my address from their websites. Oh yeah, I forgot to mention, my case was dismissed!
From Avvo - Anonymous, June 2013
Dismissed!!!
Dan Blau is a wonderful attorney. He was on our side from the beginning. He continually kept us informed. He did such a great job fighting for my Uncle's freedom. HE WON OUR APPEAL and helped reduce my uncle's sentence from 30 years to max 5 years. I highly recommend him.
From Avvo by Renee, June 2013
WE WON OUR APPEAL THANKS TO DAN BLAU
Dan has been always responsive and gave me real information on my case & did the needful to get the positive outcome.I would certainly recommend Dan.
From Avvo - Anonymous, June 2013
Responsive
I hired Dan Blau after I lost my case in the Supreme Court of North Carolina. He explained that we had a chance to win my case on a motion for appropriate relief. They are generally difficult to win but he was able to get all of my convictions overturned and dismissed. He was always great about keeping me updated and informed. I highly recommend him!
From Avvo by Anna 4/2018
Charges Dismissed!
After much searching online and multiple consultations face-to-face, I decided to hire Dan Blau as my attorney. Dan's commitment to providing informative, well-thought outlegal counsel; consistent communication and patience in answering any and all questions I had along the way; and effectiveness in generating the best possible outcome for my case are truly appreciated.
From Avvo by Will, July 2017
Top Quality Service and Best Results Possible
My wife received a citation in an accident, and Dan took care of everything, getting the ticket dismissed. I've referred several friends and clients of mine to him and have always gotten great feedback from them.
From Avvo by Steve, October 2013
Great Job Handling Ticket
THOUSANDS OF CASES | DOZENS OF APPEALS | QUALIFIED SUCCESS
Order Vacated
State v. M.M., 209 N.C. App. 466 (2011) Client was ordered to enroll in lifetime satellite-based monitoring. RESULT ON APPEAL: Order vacated due to lack of jurisdiction.
Convictions Reversed
State v. L.P., 2011 N.C. App. LEXIS 1535 (2011): Client was convicted of misdemeanor larceny and sentenced to probation. RESULT ON APPEAL: Convictions reversed due to lack of evidence.
New Hearing Ordered
State v. A.N., 778 S.E.2d 863 (2015) Client pled guilty to robbery and was placed into deportation proceedings as a result of his convictions. RESULT ON APPEAL: New hearing ordered due to former attorney misadvising client about the consequences of his guilty plea.
New Trial Granted
State v. S.C., 802 S.E.2d 531 (2017) Client was convicted of felony assault and was sentenced to 65-90 months in prison. RESULT ON APPEAL: New trial granted due to violation of client’s constitutional rights at trial. (Appeal remains pending.)
Convictions Reversed
State v. G.B., 217 N.C. App. 380 (2011) Client was convicted of forgery and habitual felon and was sentenced to 70-93 months in prison. RESULT ON APPEAL: Convictions reversed due to lack of evidence.
New Trial Granted
State v. T.L., 217 N.C. App. 455 (2011) Client was convicted of robbery and kidnapping and was sentenced to 71-104 months in prison. RESULT ON APPEAL: New trial granted due to judge refusing to admit important defense evidence at trial.
Convictions Vacated
State v. J.D., 2017 N.C. App. LEXIS 327 (2017) Client was convicted of marijuana charge and habitual felon and was sentenced to 76-116 months in prison. RESULT ON APPEAL: Convictions vacated due to defective search warrant.
New Trial Granted
State v. S.R., 223 N.C. App. 325 (2012): Client was convicted of sex offenses and was sentenced to 307-378 months in prison. RESULT ON APPEAL: New trial granted due to judge allowing improper expert testimony at trial.
Convictions Vacated
State v. A.H. (2018) Client was convicted of multiple felony and misdemeanor counts of possessing weapons on educational property. RESULT ON POST-CONVICTION: All convictions vacated after statutes were ruled to be unconstitutional.
Conviction Vacated
State v. K.P. (2018) Client was convicted of first-degree murder and sentenced to life in prison. RESULT ON POST-CONVICTION: Conviction vacated due to ineffective assistance of counsel; client released with time served.
Please note that these are examples of prior cases in which we have obtained a positive result for our client. Every case is different, and we cannot guarantee a specific result in your case.