Post Conviction Options

When a judge sentences someone in federal court, he typically says, "I sentence you to the custody of the attorney general of the United States." For many entering the system, those words can be confusing. I know they were for me. 

I had never been incarcerated before my judge sentenced me to 45 years. I spent my first year in solitary confinement, where I had plenty of time to reflect and plan for the future. But I didn't have a clear sense of my options. All I knew was that I despised being in prison. It fueled my commitment to work toward preparing for a better life once I got out. The key to preparing for a better future is having a solid understanding of the present. 

In high school, I vaguely recall taking civics classes, though I didn’t retain much from them when I entered prison. It would have been helpful to remember that we live in a federal republic, a system our founding fathers deliberately designed to balance power by dividing government into three branches. 

Each branch of government serves a specific purpose, ensuring no single entity becomes too powerful: 

• The Legislative Branch: Responsible for creating laws. This branch includes Congress, divided into the Senate and the House of Representatives. Congress drafts, debates, and passes legislation, approves budgets, declares war, and confirms certain government appointments. 
• The Executive Branch: Tasked with enforcing laws created by the Legislative Branch. The President leads this branch as both the head of state and the commander-in-chief of the armed forces. Alongside the Vice President and Cabinet members, the President oversees federal agencies, implements policies, and manages international relations. 
• The Judicial Branch: Responsible for interpreting laws and ensuring they comply with the Constitution. This branch is led by the Supreme Court, the highest court in the nation, supported by lower federal courts. Courts resolve disputes, determine the constitutionality of laws, and protect the rights and liberties guaranteed by the Constitution. 

Understanding these branches and their roles is essential for crafting a post-conviction strategy. Every decision we make involves opportunity costs, and having an informed perspective allows us to make better

Post-Conviction Options 

The post-conviction process calls for careful consideration and strategy. Had I understand options earlier, I may not have gone to trial. Had I accepted responsibility and worked to build a strong mitigation strategy from the start, I may not have had to serve 26 years in prison.

To make deliberate, informed decisions, think about options you can take to influence every branch of government. They all have an influence in your prospects for liberty: 

1. Appealing the Conviction or Sentence 

If there were errors in the trial process, an appeal might present an opportunity. Appeals typically ask a higher court to review specific aspects of the case, such as procedural missteps or incorrect application of law. Time is of the essence here, as appeal filings generally operate under strict deadlines. 

Although a jury convicted me, I wasn't particularly interested in pursing an appeal. By the time the jury returned its verdict, I realized that I had made a strategically flawed decision in going to trial. Instead of focusing on an appeal, I began thinking about post conviction options with other branches of government. 

2. Filing for Sentence Modification or Reduction 

Depending on the case and jurisdiction, you may have the option to file for a sentence reduction or modification. This might involve demonstrating strong evidence of rehabilitation or requesting leniency based on mitigating circumstances. 

When I began documenting my efforts to improve myself through education and discipline, those records became crucial in showing the system that I was committed to transformation. If you’re still waiting for a chance to take this path, it’s not too early to start documenting good behavior and growth. 

3. Habeas Corpus Petitions 

If you feel that any aspect of the system violated your constitutional rights, you may want to file a petition for relief under the habeas corpus statutes. Unlike appeals, which review the trial process, habeas corpus claims address fundamental injustices like ineffective legal representation or new evidence that could impact the conviction. 

Since a habeas petition falls under the judicial branch, it will go to the same judge who presided over your trial. Understand the enormous investment the system makes in preserving the status quo; few people prevail with relief under habeas corpus. Each case is different, and every individual must make a decision that is best for him. 

4. Compassionate Release

Health concerns or changing circumstances might open doors for compassionate release. The First Step Act provides a mechanism for people to request compassionate release. Although the Bureau of Prisons is unlikely to grant compassionate release, the sentencing may judge may grant such a motion. Each case is different, and every individual should consider the appropriate option.

5. Executive Clemency 

Executive clemency serves as an extraordinary remedy. In the federal system, only the President of the United States has the power to grant clemency. It takes two primary forms—pardons and commutations—with each serving a distinct purpose. 

A pardon is an official forgiveness for a federal offense, restoring civil rights and potentially removing certain consequences of a conviction. Pardons are often sought as a means to reconcile the past, symbolizing rehabilitation and the acceptance of full accountability. 

On the other hand, a commutation offers a reduction in sentence, often granted to individuals who may no longer pose a threat to society or whose sentence is deemed excessive compared to evolving standards of justice. Unlike a pardon, a commutation does not erase the conviction but merely lessens its impact on the individual's present and future life. 

Both avenues require careful consideration, thorough petitions, and extensive documentation to demonstrate eligibility and merit. These processes underline the ideal that clemency is not guaranteed but is a privilege extended in recognition of unique circumstances and societal interests.

Steps for Self-Advocacy 

Navigating post-conviction possibilities becomes even more critical when resources are scarce or an attorney is no longer available. Self-advocacy may feel daunting, but it’s a skill worth refining. 

1. Document Everything 

Start gathering records and building a strong portfolio of accomplishments. I encourage you to open a profile on Prison Professors Talent. Think of all the credentials you can build, including education certificates, rehabilitation efforts, letters of support, and details about jobs completed in custody. This evidence becomes invaluable for demonstrating your personal transformation and progress.  Use your critical thinking skills to build a persuasive case that will advance you as a candidate for liberty.

2. Learn the System 

Use this time to understand the rules, processes, and jargon of legal proceedings. Many institutions provide access to law libraries or basic self-help materials, which can empower you to ask better questions and advocate more effectively. 

3. Build a Network 

Leverage relationships wherever possible. Family members, mentors, or legal advocates can help amplify your voice and guide strategic steps. Surround yourself with individuals who believe in your growth creates momentum.  Use the profile you develop on Prison Professors Talent to show your progress, making it easier for others to support you.

Opportunity Costs 

Every decision post-conviction carries an opportunity cost. Investing time, effort, or finances into one avenue means forfeiting others. An appeal might delay your opportunity to focus inward on personal development, while pursuing sentence modifications instead of clemency could mean missing alternate solutions. 

While serving my sentence, I prioritized building a routine that blended all layers of growth. I committed to continuing my education, publishing content, and maintaining relationships that helped propel me forward. I adopted this mindset of discipline and strategic thinking because I knew I couldn’t afford to waste time. 

Ask yourself:

• What long-term goal do I hope to achieve with this specific decision?
• Are my efforts aligned with the outcome I want? 
• How can today’s work set me up for future opportunities?

Even after a conviction, a brighter future is possible with focused effort and deliberate choices. The lessons I learned in prison taught me this above all else—we always have the power to create opportunities, even in the darkest circumstances. 

• Align your plans with your priorities. 
• Document progress and successes. 
• Maximize available resources and network connections. 

Take time to reflect, absorb these insights, and decide how you’ll take the next step forward. 

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