Washington 2255 Motion to Vacate, Set Aside, or Correct Sentence (Federal Court conviction) is a legal motion that is filed to challenge a conviction or sentence imposed in federal court. It is available to defendants who have been convicted of a federal crime and believe they have grounds to challenge their conviction or sentence. The Washington 2255 Motion must be filed in the court where the conviction or sentence was imposed. The motion is formerly known as a "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody." There are two types of Washington 2255 motions: one for direct appeals and one for collateral appeals. A direct appeal is a motion filed by a defendant to challenge the merits of their conviction or sentence. A collateral appeal is a motion filed by a defendant to challenge the procedural issues or other circumstances of their conviction or sentence.
Washington 2255 Motion to Vacate, Set Aside, or Correct Sentence(Federal Court conviction)
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FAQ
Section 2255 provides that ?prisoners? may move for relief ?on the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise
To use this form, you must be a person who is serving a sentence under a judgment against you in a federal court. You are asking for relief from the conviction or the sentence. This form is your motion for relief.
This motion asks the court to vacate the judgment in the criminal case. Depending on the issues raised in the motion, the motion asks the court for various things. If granted, a § 2255 motion may allow the court to re-sentence the defendant, give them a new trial, or (very rarely) enter a judgment of acquittal.
§ 2255. Under these rules the person seeking relief from federal custody files a motion to vacate, set aside, or correct sentence, rather than a petition for habeas corpus.
MOTION UNDER 28 U.S.C. § 2255. To use this form, you must be a person who is serving a sentence under a judgment against you in a federal court. You are asking for relief from the conviction or the sentence. This form is your motion for relief.
The basic scope of this postconviction remedy is prescribed by 28 U.S.C. § 2255. Under these rules the person seeking relief from federal custody files a motion to vacate, set aside, or correct sentence, rather than a petition for habeas corpus.
While exoneration is the most common positive outcome of post-conviction relief, it is not the only possible outcome. In some cases, the courts may also order a re-sentencing hearing, a new appeal, or a new trial.
Post-conviction relief is a procedure that allows the defendant in a criminal case to bring more evidence or raise additional issues in a case after a judgment has been made (post-trial). With valid grounds, post-conviction relief can help you obtain a fair resolution in your case.