When Something Went Wrong in Your Case
Motions for post-conviction relief are collateral attacks on the integrity of the trial process. After a direct appeal, post-conviction motions challenge ineffective assistance of counsel, prosecutorial misconduct, and other irregularities that rendered the proceedings against you unfair — and may entitle you to a new trial.
This type of litigation requires meticulous review of trial transcripts, evidence, and legal filings. We bring a careful eye to every record and look for grounds for relief that may have been overlooked — or that weren't available until now.
Appeals
Raising errors from trial or sentencing before the Delaware Supreme Court or Superior Court — challenging legal mistakes that affected your conviction or sentence.
Ineffective Assistance Claims
Holding prior counsel to constitutional standards — when a defense attorney's errors were severe enough to undermine the fairness of your trial.
Sentence Challenges
Seeking reductions or corrections to illegal or unfair sentences, including habitual offender enhancements that may have been improperly applied.
New Evidence
Bringing newly discovered evidence before the court when it could not reasonably have been discovered at trial and would likely change the outcome.
Post-Conviction Relief Is Complex — But Worth Pursuing
Post-conviction litigation is technically demanding. Deadlines exist for filing, and not every legal argument qualifies for review after a conviction. An experienced attorney can assess whether viable grounds for relief exist and pursue them strategically.
If you or a loved one believes something went wrong in a Delaware criminal case — whether at trial, sentencing, or during prior representation — contact us to discuss your options.
Post-Conviction Relief FAQ
What is ineffective assistance of counsel?
The Sixth Amendment guarantees competent legal representation. If your prior attorney made errors that were so serious they deprived you of a fair trial — and there's a reasonable probability the outcome would have been different with competent counsel — you may have an ineffective assistance claim.
Are there deadlines for filing post-conviction motions?
Yes. Delaware has specific procedural rules and timing requirements for post-conviction motions. Missing these deadlines can bar your claim permanently. Contacting an attorney as soon as possible after a conviction or direct appeal is critical.
Can I raise new issues in a post-conviction motion that weren't raised at trial?
In some cases. Certain claims — like ineffective assistance — can only be raised for the first time in a post-conviction motion. Other claims may be procedurally barred. We'll assess what grounds are available in your specific case.
Have more questions? Schedule a free consultation or call 302-735-8401.