Post-Conviction Relief in Miami

Updated on Wednesday 08th June 2016

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Frequently, a criminal conviction forbids the opportunity of obtaining a permanent residency in the U.S. A criminal record impedes immigrants to travel inside and outside the U.S., as well. It is therefore paramount to look for relief from the conviction as soon as possible.

If you are intending to immigrate to the U.S., your record needs to be clean. Post conviction motion is often times the last chance a person who was previously convicted by a court to seek relief. It is a legal procedure that requires help from a qualified immigration attorney in Miami.

What is post-conviction relief in Miami?

Post-conviction relief in Miami commonly denotes the measures taken to correct a mistake that might have denied a person a fair trial or is founded on the discovery of newly learnt evidence. It can also result from improper or inadequate representation at the trial level, generally referred to as ineffective assistance of counsel. It usually takes place after all the regular appeals have been filed and the conviction is concluded. Time is critical, as any undue postponing may be disadvantageous to relief. 

Grounds for post-conviction relief in Miami

There are various circumstances that may require the need for Miami post-conviction relief procedures, including the filling of a motion to vacate conviction. In the state of Florida, these may include:

•    The judgement infringed state or federal legislation;
•    The sentence was more severe than allowed by the legislation;
•    The court which analyzed the case did not own the jurisdiction to emit judgement or sentencing;
•    The defendant’s plea was introduced without his or her will;
•    Inadequate assistance of counsel;
•    Newly found evidence.

Often times, plenty of individuals are faced with deportation or ineligibility to attain the residency or citizenship because of a plea that was forwarded years before for a relatively minor offense. Our Miami post-conviction attorneys have registered a lot of successful cases when filing motions to have sentences and convictions set aside on their client’s behalf. 

As time is of the essence, as soon as you find out about your issue, it is important to contact our immigration lawyers in Miami