Florida Lawyers For Federal Post-Conviction Motions
Post-conviction motions are collateral proceedings to federal appeals proceedings in which defendants typically claim their trial counsel was ineffective.
If you come to O’Brien Hatfield, P.A., you will be represented by skilled federal appellate attorneys who have guided clients through the complex legal process associated with these cases.
Contact our Tampa, Florida, office today to learn how our lawyers can put their skills and resources to use for you.
Background Of Post-Conviction Motions
The seminal case for post-conviction motions for ineffective counsel is Strickland v. Washington.
In this case, the U.S. Supreme Court decided that a trial counsel must perform at a certain level, and if he or she does not, the defendant was deprived of his or her right to effective counsel, and the case must be reversed. This type of motion is commonly referred to as a “2255 motion” for the Federal Rule of Criminal Procedure on which it is based. A defendant is not entitled to a lawyer for this type of proceeding.
There is also what is known as a “2241 motion,” in which you can argue that you are the subject of unlawful imprisonment. This motion is usually filed when all other options have failed.
Get Our Experience On Your Side
Lawyers Mark J. O’Brien and Victoria E. Hatfield are licensed to practice in multiple U.S. District Courts and appellate circuits. Mr. O’Brien can also practice before the U.S. Supreme Court. They understand how high the burden of proof is for these motions to be successful, which is why you can count on them to give you straightforward legal advice about your case and your opportunities to overturn your conviction or earn your release.