Virginia Legal Services

1. Post-Conviction Relief Services

At the National Paralegal Center, we assist prisoners in filing post-conviction motions to challenge their convictions or sentences.

• Habeas Corpus Petitions: If you believe your constitutional rights were violated during your trial, sentencing, or imprisonment, we can help you file a habeas corpus petition under Va. Code § 8.01-654. This petition allows you to raise issues such as ineffective assistance of counsel, prosecutorial misconduct, or newly discovered evidence that undermines your conviction.

• Key Case: Smith v. Murray, 477 U.S. 527 (1986) – Defines the limits and procedural requirements for habeas claims.

• Actual Innocence Claims: If you have newly discovered evidence proving your innocence, we can help you file a writ of actual innocence under Va. Code § 19.2-327.10 to 19.2-327.14. This motion can overturn a wrongful conviction based on credible new evidence such as witness recantations or DNA testing results.

• Key Case: In re Brown, 295 Va. 202 (2018) – Provides a pathway to challenge wrongful convictions through new evidence.

2. Criminal Appeals

We specialize in assisting prisoners with appeals to the Virginia Court of Appeals or Supreme Court of Virginia to address errors made during trial, sentencing, or post-trial motions. Whether your attorney failed to raise an issue or the court misapplied the law, we’ll ensure your appeal is filed properly and timely under Va. Code § 19.2-317.

• We meticulously review trial records, identify appealable errors, and draft clear, persuasive appellate briefs.

• Key Case: Anderson v. Commonwealth, 282 Va. 452 (2011) – Highlights the importance of timely filing appeals.

3. Clemency and Pardon Applications

If you have exhausted other remedies, we can assist you in petitioning for executive clemency (pardons) from the Governor of Virginia under Va. Const. Art. V, § 12.

• Types of Pardons:

• Simple Pardon: Acknowledges forgiveness for your crime.

• Conditional Pardon: Grants early release based on specific conditions.

• Absolute Pardon: Recognizes innocence.

We prepare detailed petitions that include supporting evidence, good conduct, and compelling reasons for clemency.

4. Sentence Modification and Reconsideration Motions

We help prisoners file sentence reconsideration motions under Va. Code § 19.2-303 to request a reduction in their sentence based on extraordinary circumstances, such as rehabilitation, new mitigating evidence, or procedural errors.

• If filed within 21 days of sentencing, a motion for reconsideration can directly address the fairness of your sentence. If your circumstances have changed significantly since sentencing, we prepare a strong case for modification.

• Key Case: Hudson v. Commonwealth, 267 Va. 36 (2004) – Clarifies eligibility for sentence modification.

5. Parole Preparation and Representation

For eligible prisoners (offenses before 1995), we provide comprehensive parole preparation services.

• We help you present a strong parole application that highlights rehabilitation efforts, good behavior, and support systems for reentry.

• We also assist in preparing for parole hearings, ensuring you’re ready to address the parole board’s concerns.

• Key Statute: Va. Code § 53.1-151 outlines parole eligibility.

• Key Case: Burnette v. Fahey, 687 F. Supp. 2d 746 (E.D. Va. 2009) – Discusses due process rights in parole reviews.

6. Administrative Appeals of Disciplinary Actions

We represent prisoners in appealing unfair disciplinary actions, segregation placements, or loss of good time credits. Under Va. Code § 53.1-187, we ensure procedural due process rights are upheld and challenge arbitrary or unsupported decisions.

• Key Case: Wolff v. McDonnell, 418 U.S. 539 (1974) – Establishes due process requirements for prison disciplinary hearings.

7. Immigration Consequences for Non-Citizen Prisoners

If you are a non-citizen facing immigration consequences due to your conviction, we can assist you with:

• Post-Conviction Relief: Addressing ineffective assistance of counsel for failure to inform you of immigration consequences (Padilla v. Kentucky, 559 U.S. 356 (2010)).

• Detainer Challenges: Reviewing ICE detainers and preparing motions to mitigate deportation risks.

Our team understands the unique intersection between immigration law and post-conviction proceedings.

8. Wrongful Conviction Investigations and DNA Testing

We specialize in overturning wrongful convictions through thorough case reinvestigation and motions for DNA testing under Va. Code § 19.2-327.1.

• If there is evidence that can exonerate you (e.g., untested biological samples), we will file motions to obtain DNA testing and present the results to the court.

• Key Case: House v. Bell, 547 U.S. 518 (2006) – Highlights the importance of post-conviction DNA evidence in proving innocence.

9. Freedom of Information Act (FOIA) Requests

We assist prisoners in filing FOIA requests under Va. Code § 2.2-3700 et seq. to obtain public records crucial to their cases, such as police reports, investigation files, and court documents.

10. Reentry Services and Civil Rights Restoration

We help prisoners prepare for reentry into society by addressing outstanding legal issues, including:

• Petitions for restoring voting rights or civil rights (Va. Code § 53.1-231.2).

• Assistance with clearing probation violations or unpaid fines.