Post-Conviction

Post-Conviction

Applying for a writ of habeas corpus involves petitioning a federal court to review the legality of your custody.  28 U.S.C. § 2254 applies if you are in state custody, whereas 28 U.S.C. § 2255 governs if you are in federal custody.  Other detainees (such as foreign nationals being held pending deportation) seek the writ through 28 U.S.C. § 2241.

The statute of limitations for filing such an application begins to run on the date your conviction becomes “final,” which is determined in different ways depending on the history of your case.  However, once that time-period expires there are very few circumstances in which you can ask a court to accept your petition.  In addition, the failure to raise claims in your petition can bar you from attempting to raise them in a later petition.

For those reasons it is important that your attorney knows all of the applicable laws and rules involved in post-conviction proceedings.  Mr. Mintz has years of experience in these matters and has litigated them in the federal district courts as well as the federal Court of Appeals for the Second Circuit.