Queens Post Conviction Relief Assistance
What is post conviction relief?
In certain instances, you may be eligible for post-conviction relief which frees you from some or all of the consequences imposed at the conclusion of your trial. This can in some cases save you from the adverse effect of conviction on your immigration status. Post conviction relief may be an option if your case included:
- Significant denial of your rights under the Constitution of the United States or under the state Constitution or state law
- Lack of jurisdiction of the court to impose the judgment issued
- A sentence in excess of the maximum sentence authorized by law
- Material facts not presented or heard, thus warranting a motion to vacate the conviction or sentence
- An expired sentence, unlawful revocation of probation, parole or conditional release, or other unlawful detainment
- Any ground available by which the outcome of your case may otherwise be contested or appealed, for example, being held unlawfully
Common examples of how these may apply include instances in which your legal counsel failed to advise you of the immigration consequences of your criminal matter or gross errors in trial strategy that thwarted your right to a fair trial. Different remedies can be available depending on the specifics of your case. Achieving a lesser sentence may serve to protect you from deportation where the offense is then recognized as a lesser, non-deportable offense. If your immigration status is at risk due to a conviction, talk to a Queens criminal lawyer right away for professional advice on your legal rights and options.
Queens Criminal Defense Attorney
At Musa-Obregon & Associates, our lawyers regularly battle in the Criminal, Superior and Appellate Courts and the Supreme Court as well as all Immigration Courts in the metropolitan area. With a combined experience of over 50 years, we are committed to fighting for justice in even the toughest cases.
If you have been convicted of a crime and are at risk of deportation, contact a Queens criminal defense attorneyimmediately.