Silver Spring Post-Conviction Attorneys

Attentive Lawyers for Post-Conviction Issues in Silver Spring, MD

Life after a criminal conviction can be undeniably difficult. In addition to the fines and jail time, people who have been convicted of a criminal offense also have to live with a black mark on their record. However, people convicted of crimes may also have the opportunity to petition for relief. A Silver Spring post-conviction attorney can help protect your rights after your sentence.

If you believe that a mistake was made during the legal proceedings of your criminal case, you should seek out legal representation as soon as possible. At Salvado Law Offices, we can take appropriate legal action on your behalf to assist in resolving your issue.

Habeas Corpus Petitions

Habeas corpus is a Latin term roughly translated as "you should have the body." In practical terms, a writ of habeas corpus allows you to challenge the legality of your confinement in prison or jail. An attorney can help you file a petition calling for your release.

When you file a writ of habeas corpus through the court, a hearing will be scheduled to determine if you have been unlawfully imprisoned. If the judge determines that you have been held illegally, you may be released from detention. You can petition for a writ of habeas corpus in both state and federal prison.

If you have any reasons to suspect that your rights were violated, you should request a writ of habeas corpus as soon as possible. There is a one-year statute of limitations on these claims, effective from the date of the judgment. At Salvado Law Offices, we can help you file a petition as efficiently as possible, keeping the time limit in mind.

Post-Conviction Appeals

The appeals process is a legal mechanism to challenge a decision made about your case. There are several different reasons as to why you might file an appeal, usually in relation to some error in procedure. Common reasons to file an appeal include:

• The emergence of new evidence in your case
• Ineffective counsel during your trial
• Misconduct by jurors or prosecution
• Updates to existing laws

You only have a 30-day window after your sentence to file an appeal, so it is important that you act promptly. However, keep in mind that if you file an appeal, the facts will be reviewed with a fresh perspective. You could receive a lighter sentence for the alleged offense, or an even harsher sentence, depending on the judge's conclusions. At Salvado Law Offices, our criminal defense attorneys can put up an aggressive defense on your behalf.

Petitioning for a Modification of a Sentence

After you have been sentenced for a crime, you can ask the court to review your sentence. This may involve requesting probation instead of prison time, or asking for a reduction of your total sentence. A judge may consider a reduction of your sentence under certain mitigating circumstances, such as if you have exhibited good behavior and you have taken steps toward rehabilitation. The court might also consider a modification for reasons related to health or family, provided there is a significant change in circumstances.

Unlike an appeal, which might involve challenging the notion of your guilt, requesting a modification of a sentence does not require a new finding of facts. A request for a modification must be filed within 90 days of the initial sentence.

Meet With a Silver Spring, Maryland Post-Conviction Attorney

If you have been convicted of a crime, you may have different avenues for legal recourse. At Salvado Law Offices, our Silver Spring, MD post-conviction lawyers can review your case and pursue appropriate action. Call our offices at 301-933-1814 or contact us online to schedule a free consultation today.