Legal Question in Criminal Law in Virginia

2255

My brother has 20 days to file a 2255. What are some acceptable reasons for filing late? Thanks


Asked on 8/29/08, 7:17 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: 2255

28 U.S.C. 2255 is a motion by an incarcerated person to vacate his sentence based upon alleged ineffective assistance of counsel, prosecutorial or judicial misconduct misconduct, or other applicable grounds.

There could be any number of legitimate reasons for a petitioner filing late, but whatever they may be, he will need to first obtain the leave of the federal court for permission to go forward with his untimely filing before actually proceeding with it.

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Answered on 8/31/08, 10:49 am


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