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Post-Conviction Relief

St. Louis Attorneys Handling Post-Conviction Relief Matters

Not every criminal case ends justly. You may feel that you have been unfairly treated by the judge, the prosecutor and even your own attorney throughout your criminal proceedings. The question, however, is there anything you can do about it? Although a convicted person faces obstacles in seeking post-conviction relief, the answer can be yes depending on your situation. If you have been convicted of a crime and feel that justice was not served, it is important to speak with an attorney about your options regarding post-conviction relief.

At Law & Schriener, LLC,, LLC in Clayton, Missouri, we provide experienced representation to individuals seeking post-conviction relief. Clients and other criminal defense attorneys seek us out because of the skill of attorney Kevin Schriener. Mr. Schriener has extensive experience handling post-conviction work and enjoys an excellent reputation among his peers in the local legal community. He has sought postconviction relief for clients in both state and federal court. He has filed motions under Missouri state post-conviction Rules 24.035 and 29.15, as well as seeking habeas relief under Missouri Supreme Court Rule 91. In addition, he has sought federal habeas relief for state prisoners in federal court in actions filed under 28 U.S.C. Section 2254. He has also sought relief for federal prisoners pursuant to 28 U.S.C. Sections 2241 and 2255 in federal courts in Missouri, Illinois, Indiana, and Georgia. Mr. Schriener has represented, among others, clients who are serving sentences of life without the possibility of probation or parole and death.

Contact an Experienced St. Louis Criminal Defense Lawyer

For a free consultation to discuss your post-conviction options with an experienced trial and appellate attorney, contact us at 314-480-3389 or 866-373-3720 toll-free. We look forward to serving you.

What is Post-conviction relief?

After you have been found or pleaded guilty and completed your direct appeal, the law considers your conviction to be final. Both state and federal courts, however, provide remedies for the violations of your rights which you could not have raised on direct appeal or did not know about in time to raise before the trial or appeal courts. Post-conviction relief is not the same as a direct appeal. On appeal you are generally limited to the trial or plea court record. In a post-conviction action you can raise new evidence or other issues that you could not have raised in a direct appeal

The types of claims that can be raised in post-conviction actions are:

  • Ineffective assistance of counsel
  • Prosecutorial misconduct
  • Actual Innocence
  • Discovery of new evidence
  • Jurisdictional matters
  • Sentences in excess of the maximum authorized by law
  • Involuntary or unknowing guilty plea

We will evaluate your case by obtaining your legal file, reviewing all of your criminal proceedings, consulting with you regarding the case and reviewing any material that you can provide, researching the relevant issues to determine if there is a legal basis for relief, and conducting any additional investigation that is needed. In other words, we treat your case as if you just walked into our office with your original criminal charge and determine what to do with a new set of eyes. Once we have completed your evaluation, we will advise you of any potential post-conviction relief remedies that you might have.

Post-conviction relief remedies includes, among other remedies, the following:

Missouri

  • Motions To Vacate, Set Aside Or Correct The Judgment Or Sentence under Rules 24. 035 and 29.15
  • Motion to withdraw guilty plea under Rule 29.07(d)
  • Petitions for writ of habeas corpus under Rule 91
  • Declaratory judgment
  • Extraordinary writs
  • Motions for DNA testing and release under Mo. Rev. Stat. Secs. 547.035 and 547.037

Federal

  • Motions to vacate, set aside or correct sentence under 28 U.S.C. Section 2255
  • Motions to modify or reduce sentence under 18 U.S.C. Section 3582
  • Habeas corpus: including 28 U.S.C. Sections 2241 and 2254
  • Writs of error coram nobis
  • Modification or early termination of probation or supervised release
  • Motion under Rule 35 of the Federal Rules of Criminal Procedure

Although acquiring post-conviction relief is a difficult undertaking at best, you can be assured that we will thoroughly evaluate your case and, if you have a claim, we will diligently pursue it.