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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.

10.0Daniel Micah Blau
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What Our Clients Say

THOUSANDS OF CASES | DOZENS OF APPEALS | QUALIFIED SUCCESS

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. 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.

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.

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. 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.

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.

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.

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.

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.)

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.

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.