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Posts tagged "appeals/post-conviction motions"

Has Your Time Run Out?

After an individual has been convicted of a crime and sentenced to incarceration, there are several legal avenues that they can explore to attack that conviction. However, if an individual does not act quickly they may miss out on these opportunities because several of the post-conviction options give individuals strict time limitations of two years or less to file their actions with the court. These strict limitations usually leave incarcerated individuals with questions about what other options are left for them. So what does happen when your time runs out?

What is considered a hate crime?

The Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009 was created as a way to assist state, local, and tribal jurisdictions more effectively investigate and prosecute hate crimes. William Hatch, a man from New Mexico, was one of the first people charged under the federal statute after participating in a hate crime. This week the Supreme Court has refused to review the hate crime conviction of Hatch.

How can I get my conviction reversed?

In Shelley v. State, Case Number 2D13-1941 the Second District Court of Appeal sided with O'Brien Hatfield, PA and reversed a sex crime conviction. This sex crime case reversal resulted from an appeal to the Second District Court of Appeal. It was an appeal from a conviction and sentence for use of computer services to solicit consent of a parent to have sex with a minor and traveling to meet a minor after using computer services to solicit the consent of a parent. As a result of our firm's appellate efforts, the Second District Court of Appeal vacated the sex crime conviction and sex crime sentence on the legal grounds of double jeopardy.

How Do I Get My Federal Life Sentence Overturned?

We are pleased to announce the Eleventh Circuit Court of Appeals has overturned a life sentence for firm client Pedro Rodriguez. In an opinion released to the public on March 12, 2014, a panel of three judges agreed with our argument that Pedro Rodriguez's appointed lawyer, the government and the district court were all incorrect when they all agreed Mr. Rodriguez had two qualifying drug convictions that mandated a sentence of life in federal prison after he lost at trial. As a result, the Eleventh Circuit vacated Mr. Rodriguez's life sentence and remanded the case back to the district court for resentencing. United States v. Pedro Rodriguez

Supreme Court: Drugs Must Cause Death for Dealer to Be Convicted

A conviction for drug distribution under the federal Controlled Substances Act can carry a mandatory minimum sentence of 10 years in prison. "If death or serious bodily injury results from the use of such substance," however, the mandatory minimum sentence doubles to 20 years.

Counsel's Failure to Object Cost Client Jail Time

Edwin Aguilar-Ibarra pleaded guilty to conspiracy to commit a Hobbs Act robbery and the commission of a Hobbs Act robbery and was sentenced to 87-months. Prior to his sentencing, his defense counsel failed to make timely objections to the presentence investigation report. As a result, Aguilar-Ibarra was given a two-level bodily injury enhancement. Aguilar-Ibarra appealed the sentence and challenged the district court's decision to apply the enhancement. The 11th Circuit Court of Appeals affirmed his sentence.

Mark J. O'Brien's cases have been featured in:
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“Mark, thank you for everything. I will forever be indebted to you. You have stood by me and believed in me when it was not the popular thing to do. You are an amazing advocate.” Adam Filthaut
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