Direct Appeals from State and Federal Convictions
As both trial and appellate attorneys, Brennan, McKenna & Lawlor use decades of experience and knowledge to win appeals and restore our clients’ rights after they have been convicted.
The attorneys at Brennan, McKenna & Lawlor vigorously represent clients at all levels of the appeal process in both Maryland state and federal courts.
Our attorneys have successfully represented clients seeking a direct appeal in the United States Court of Appeals for the Fourth Circuit, The District of Columbia Circuit, as well as the Maryland Court of Special Appeals. In addition our attorneys are experienced in pursuing a petitions for writ of certiorari in the Maryland Court of Appeals as well as the United States Supreme Court.
Federal Motions for Compassionate Release
The attorneys at Brennan, McKenna & Lawlor have successfully obtained compassionate release for clients serving a federal sentence in the Bureau of Prisons, pursuant to 18 U.S.C. § 3582(c)(1)(A)(i).
Our attorneys have successfully litigated Motions for Compassionate Release in the District Courts for the District of Maryland and the District of Columbia. Such motions give the sentencing judge the authority to reduce or terminate the term of incarceration for inmates serving federal sentences. In addition, such motions provide the courts to transfer inmates to a term of home confinement. Such motions must present “extraordinary and compelling” circumstances for relief.
In light of the COVID-19 pandemic, our attorneys have obtained compassionate release for clients who are medically vulnerable. Such relief can be granted based on such health-related issues, but inmates need not be medically vulnerable to obtain relief. Recent advances in the law have made clear that individuals may also seek compassionate release based on “extraordinary and compelling” circumstances based on the unfairness of a federal sentence. District court judges have broad discretion to determine what constitutes “extraordinary and compelling” reasons for granting a sentence reduction. Please call our office to speak with an attorney who can help you seek compassionate release for you or a loved one.
Motions for Reconsideration of Sentence in Maryland State Court
Maryland state law permits judges to reconsider the sentence originally imposed in a criminal case. Under the Maryland rules, defendants who are sentenced must file a motion for reconsideration of sentence within 90 days of sentencing to reserve the right to have that sentence reconsidered. Following this initial request, individuals serving a sentence must have the court reconsider that sentence within five years of sentencing.
The attorneys at Brennan, McKenna & Lawlor have successfully represented many individuals on Motions for Reconsideration of Sentence. Our attorneys have reduced our clients’ sentences by countless years, and we pride ourselves in staying close with clients who are serving Maryland state sentences, and are seeking a reduction in that sentence. Our attorneys have also successfully obtained the right for numerous clients to file belated motions for reconsideration of sentence.
Health General § 8-507
Maryland Health General Article §§ 8-505 and 8-507 provide an avenue of relief for clients seeking release from incarceration and placement in a drug and alcohol treatment program. Clients seeking such relief must be parole eligible, and must be amenable to treatment.
The first step of this process involves the Court granting a request for an evaluation under Maryland Health General Article §§ 8-505. Following such an evaluation, provided the client is amenable to treatment, the final step is convincing the sentencing judge that placement in a drug and alcohol treatment program is the appropriate thing to do in any particular case. Our attorneys are dedicated to pursuing every avenue of relief for our clients. We have successfully obtained relief for numerous clients under Maryland Health General Article §§ 8-505 and 8-507. Our attorneys understand the importance of this important opportunity for relief for incarcerated individuals, and we have had incredible success obtain such relief for clients through the State of Maryland.
Petition for Habeas Corpus
If you or your loved one has been convicted of a federal or state crime, the attorneys at Brennan, McKenna & Lawlor are here to obtain relief through Petitions for Writs of Habeas Corpus and post-conviction relief under 28 U.S.C. §§ 2254 and 2255. Our attorneys are experienced in this unique practice area and are prepared to fight to overturn federal and state sentences and convictions in the United States District Courts for the District of Maryland and the District of Columbia.
There is a one-year time limit to file a Petition for Writ of Habeas Corpus under 18 U.S.C. § 2254 (for state prisoners) or a motion under 28 U.S.C. § 2255 (for federal prisoners). While this time limit is strict, it is not an absolute bar. In order to protect your rights to file a petition for habeas corpus consult one of our attorneys right away.
Section 2255 Motions – Federal Court Convictions
Motions under 28 U.S.C. § 2255 provide a means to vacate a conviction and sentence for those individuals who were convicted in federal courts. Our attorneys have successfully represented clients seeking a new trial and/or a re-sentencing based on a variety of constitutional issues. Among those potential issues, our attorneys have vast experience and knowledge in claims of ineffective assistance of counsel under the Supreme Court case Strickland v. Washington, 466 U.S, 668 (1984).
If you or a loved one has been convicted of a federal offense in the United States District Courts for the District of Maryland and the District of Columbia, contact our attorneys as soon as possible to discuss representation on a motion to vacate pursuant to 28 U.S.C. § 2255.
Section 2254 Motions – State court convictions
If you or a loved one is in state custody having been convicted of a crime, you may be eligible for relief through a petition for habeas corpus pursuant to 28 U.S.C. § 2254. Our attorneys are experience in seeking relief for clients in state custody who have a conviction or sentence that is in “violation of the Constitution or laws or treaties of the United States.”
Petitions for Post-Conviction Relief; Motions to Reopen; & Petitions for Writ of Actual Innocence
The attorneys at Brennan, McKenna & Lawlor have experience litigation and obtaining relief for clients seeking post-conviction relief in Maryland State courts. Seeking post-conviction relief can be obtained through a petition for post-conviction relief, a motion to reopen post-conviction proceedings, or a petition for writ of actual innocence.
Our attorneys have undone at least 17 life sentences for clients through various means of post-conviction relief. Our attorneys use our experience in post-conviction litigation, as well as trial law, investigation, and legal research and writing to obtain relief for our clients. Our attorneys are experienced in obtaining relief for clients based on claims of ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668, (1984); challenges to guilty pleas; prosecutorial misconduct, and faulty jury instructions.
If you or a loved one is in need of an experienced post-conviction attorney in Maryland, please call our law office to meet with one of our attorneys today.
Petitions for Writ of Error Coram Nobis
Our attorneys have obtained relief for numerous clients by litigating petitions for writ of error coram nobis. Clients who have completed their sentence, but are now facing significant collateral consequences as a result of their conviction, may be eligible for relief by way of a petition for writ of error coram nobis. Most often, clients face “significant collateral consequences” in the form of an enhanced federal sentence, or immigration consequences. In federal court, a prior conviction can lead to designation as an Armed Career Criminal, or a Career Offender. Prior convictions also serve to increase a federal defendant sentencing guidelines. Such scenarios create a “significant collateral consequence” for clients, which may make them eligible for relief. Whatever the consequences facing you are, contact our attorneys to find out whether a prior conviction can be challenged through a petition for writ of error coram nobis.
DC Code §23-110
Our attorneys are experienced in litigating post-conviction challenges in the Superior Court of the District of Columbia. Whether under a claim of ineffective assistance of counsel, or other constitutional challenge, we aggressively fight for clients seeking post post-conviction relief in the District of Columbia. Call our law office today to speak with an attorney concerning representation on a motion under D.C. Code § 23-110.
If you or a loved one is in need of post-sentencing representation, call (240) 219-8980 or contact us online.
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Fighting criminal charges is not something you should handle on your own. Put more than a century of experience on your side today by calling our firm and scheduling your free consultation. Our award-winning criminal defense attorneys look forward to helping you.