You landed in prison. Now what? Things to consider when you need post-conviction help.

So you or your loved one just arrived in prison.

What to do now?

Was the conviction wrong?

Was the sentence too long?

Maybe both?

Sometimes the wrongfully convicted and over-sentenced determine to take matters into their own hands and fight the case from the prison law library. This is fine and good. I would never discourage a person from fighting for themselves. However, I should note that there are some potential pitfalls and problems.

The path into prison is traumatic enough. It takes a lot of effort to get used to the new normal of day-to-day life. Social norms change. There are procedures and schedules to learn. The basic necessities must be acquired. “When do we go to canteen?” “How do we get laundry services?” “When do they hand out toilet paper and soap?” “Do we get deodorant?” On top of that, inmates often first go to a reception center prison before being sent to their final first destination.

Meanwhile, the time for appeals and postconviction remedies is steadily going away.

Postconviction petitions, such as Alabama’s Rule 32 or the Federal 2255 petition, are subject to strict one-year timeframes which start from different dates that vary based on whether an appeal was taken or not. Accordingly, within that one-year timeframe, inmates must not only learn to navigate and survive in the predator hellscape of prison, but also must figure out complicated legal concepts, learn how to do legal research, apply the law objectively to the facts of their case, and specifically articulate grounds for relief. This is a tall order!

Often, success or failure depends on who an incoming inmate meets. Various inmates do legal work in prison. Some are good. Some are not. Some think they are good but don’t know how bad they are and vice versa. Some can talk up a potential ground for relief with the gifted sales pitch of an elite used car salesman, but it may still fail when subjected to the withering scrutiny of the law. It is a wide swath of humanity, but most come from the sincere, noble perspective of wanting to help others. As a formerly incarcerated person who litigated for himself and others, I saw all sides of writ writers on the inside. I heard many horror stories like “I was young when I came in and some guy messed up my case.” Then occasionally there are the success stories. Those moments of getting relief for my brothers on the inside were what propelled me forward to the present moment of being an attorney and continuing the fight for the wrongfully convicted and over-sentenced.

Prevailing at an evidentiary hearing is often required to get meaningful relief. This is where the limitations on self-representation become evident. Even if the self-authored motion has solid footing in law and fact, the petitioner still bears the burden of proof to substantiate the claims at an evidentiary hearing. Making it work at the evidentiary hearing requires a different mindset where the rules of evidence must be understood, contemporaneous objections must be made, and the right questions must be asked. If counsel is appointed and the claim is ineffective assistance of counsel, the appointed attorney may be either unfamiliar with the standard or uncomfortable prying into the shortcomings of another local practitioner.

I wish the lawmakers who set the timeframes for postconviction motions recognized what prisoners go through when they first get to prison. It is hard enough to get through it on a human level. How much harder is it to survive and turn yourself into a reasonably proficient lawyer? I believe the timeframes should be expanded and the prohibitions against successive motions loosened to account for what inmates go through on the ground level.

For those men and women on the inside determined to do it themselves or helping others, I salute you. I encourage you to question every argument, think it through, think about the next step, don’t be over-confident, and always believe you can get better. Don’t judge your fellows for their convictions. Anyone can be wrongfully convicted.

If you or someone you love needs postconviction representation, please contact me, Peter Armstrong, Attorney at Law, for a free consultation.