If your criminal case does not end in your favor and you are found guilty of the crime, know that there are post-conviction relief motions that can be filed and convictions or arrests that can be sealed from the public eye.
When you have been convicted of a crime, the judge will impose a sentence. If that sentence includes time in prison, you will have to serve the time. However, there are several motions that can be filed in order to get you released early.
Although Wagner PLLC does not do appeals, we are ready to file the necessary motions to try and get you or your loved one released from prison early. At Wagner PLLC we are also able to file necessary motions to have your arrest or conviction sealed from the public eye.
There are several different types of post-conviction motions your attorney can file on your behalf. Whether you have been convicted in D.C. Superior Court or in a Federal Court, there is room for relief. Consult Wagner, PLLC today to find out which motion is best for your case.
- Motion to modify an imposed term of imprisonment for violations of law committed before 18 years of age: Under D.C. Code § 24–403.03, a defendant convicted as an adult for an offense committed before his/her 18th birthday may file an application for a sentence modification through a motion to reduce the sentence.
- Motion for compassionate release for individuals convicted of felony offenses: Under D.C. Code § 24–403.03, the Court may modify a term of imprisonment imposed upon a defendant if it determines that (i) the defendant is not a danger to the community or any person; (ii) the defendant has been rehabilitated while incarcerated; (iii) the defendant either (a) has a terminal illness or (b) is at least 60 years old and has served 25 years in prison or (c) has another extraordinary and compelling reasons that warrant the modification.
- Motion for compassionate release as a result of COVID-19: Under D.C. Code § 24–403.04, the Court may modify a term of imprisonment imposed upon a defendant if it determines that (i) the defendant has a terminal illness; or (ii) the defendant is at least 60 years old and has served 25 years in prison; or (iii) other extraordinary and compelling reasons warrant such a modification including, but not limited to, effects of COVID19 on the defendant among other requirements.
- Motion attacking a sentence: Under D.C. Code § 23–110, a prisoner in custody post-conviction may be release if one of the following applies: (i) the sentence imposed was in violation of the United States Constitution; (ii) the Court was without jurisdiction to impose the sentence; (iii) the sentence was in excess of the maximum authorized by law; or (iv) the sentence is otherwise subject to collateral attack.
- Motion to correct an illegal sentence: A motion to correct an illegal sentence may be filed at any time. A motion to correct an illegal sentence, however, must be corrected within 120 days, pursuant to Sup. Ct. Crim. R 35(a).
- Modification of an imposed term of imprisonment in Federal Courts: Under 18 U.S.C. § 3582(c)(1)(A), after the defendant has exhausted all administrative remedies, the Court may reduce the term of imprisonment after considering several factors enumerated in § 3553(a) if it finds that (i) extraordinary and compelling reasons warrant a reduction; or (ii) the defendant is at least 70 years old, has served at least 30 years in prison, and the Bureau of Prisons has determined that the defendant is not a danger to the safety of any other person or the community.
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