In the criminal justice system, a defendant may continue to challenge his conviction and/or sentence even after he has lost at trial and on appeal. Every criminal case may be challenged through the post-conviction process in state and federal court. But the stakes are significantly higher because, having lost at trial and on appeal, the client now has “two strikes” against him.
The post-conviction process is where instances of ineffective assistance of counsel, newly discovered evidence, and prosecutorial misconduct are explored and litigated. Only fearless and thorough attorneys can navigate the procedural and substantive issues and successfully enjoin the battle, which is often filled with hostility and defensiveness.
Attorneys at Rudolf Widenhouse & Fialko have considerable expertise and experience representing clients in the federal and state courts for post-conviction purposes. Whether filing a motion for appropriate relief in a state superior court or litigating a petition for a writ of habeas corpus in a federal district court, we bring our best efforts to bear in helping a client in this final assault on his criminal conviction or sentence.
We understand the complex procedures involved, including the technical notions of procedural default, retroactivity, and statutes of limitation. We endeavor to provide a thorough review of a client’s situation to advise about how to proceed in the post-conviction process. When we find an issue that may result in a conviction being set aside or a new sentencing hearing ordered, we bring our best efforts to the fore in seeking relief for our clients.
