“Reason for Filing Deadline”
Provide the best-case scenario. For the ‘must-file’ date, remember motions to reopen and appeals.
“Conviction Impacts and Alternate Dispositions”
- If the plea impact has changed since it was made, e.g. retroactivity, relief eligibility, or supervening caselaw, please explain.
- Please spell out why PCR is necessary and the difference it will make in your client’s case.
- Please list all realistic alternate dispositions, e.g. a drug trafficking felony is unlikely to become a disorderly conduct. This is for the appellate defenders internal use only.
- For a client who lacks lawful status, it is important for the 440 attorney to understand the path to lawful status at the time of the plea, if any, and at present.
- You need to identify all immigration consequences of the conviction, at the time the plea entered and at present, so that 440 attorney can develop and weigh alternative theories for vacatur.
“Basis for PCR Relief & Equities”
Include, explaining any criminal history. Equities can include relevant explanations for the underlying criminal history.