Criminal Defense of Immigrants


§ 11.36 c. Choosing a Vehicle that Works

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                The client must be able to satisfy the requirements for the chosen vehicle.  For example, if the vehicle requires actual or constructive custody, it can be used only if the client is still incarcerated or still on probation or parole.  If the vehicle requires a certain ground, and that ground is not present in the case, it is not possible to be successful using that vehicle in that particular case.  Some vehicles have statutes of limitations, and become unavailable if the deadline has passed.  For example, a federal habeas corpus petition or motion pursuant to 28 U.S.C. § 2255 must be filed within one year after the conviction has become final.