Criminal Defense of Immigrants


§ 11.59 c. Timing of the Case

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The timing of the post-conviction case is a complex factor.  On one hand, it is important that enough time has passed since the offense was committed for the client to demonstrate considerable “clean time,” so s/he can establish that s/he has turned his or her life around.

                On the other hand, it is important not to miss filing deadlines for post-conviction relief and not to allow so much time to elapse that the government can obtain an order dismissing the petition for lack of due diligence in investigating or filing the claim of legal invalidity.


                It is critical immediately to determine whether a deadline has passed restricting filing of the appropriate petition for post-conviction relief, and to make sure the appropriate petition is filed on time.