Post-Conviction Relief Lawyer Serving Raleigh and Wake County
A conviction does not always mean the case is truly over. When new evidence surfaces, a legal error affected the trial, or health circumstances change everything, a post-conviction relief lawyer can help you ask the court to take another look.
What a Post-Conviction Relief Lawyer Reviews for Your Case
A post conviction relief lawyer steps in after a trial has concluded and a conviction is already on record. This work is different from a direct appeal: it focuses on new evidence, constitutional violations, or ineffective legal representation that the original trial did not address.
Guirguis Law represents clients across Raleigh, Durham, and Johnston County who believe their case deserves a second look. Whether you are pursuing a Motion for Appropriate Relief in North Carolina state court or a federal compassionate release petition, our team builds the strongest possible record to bring back before a judge.
This service is for people who have exhausted their direct appeal options, families researching relief for a loved one who is incarcerated, and anyone who received new information after their case closed. As a state criminal defense lawyer team as well as federal practitioners, we handle both tracks under one roof.
Grounds for Post-Conviction Relief in North Carolina
North Carolina and federal law recognize several paths for revisiting a conviction or sentence. Each ground requires specific documentation and a properly filed motion, which is why working with an experienced post conviction attorney matters from the first conversation.
- Newly discovered evidence, including DNA results that were unavailable at trial
- Ineffective assistance of counsel during the original proceeding
- Juror or prosecutorial misconduct that affected the verdict
- Changes in the law that apply retroactively to your case
- Serious medical conditions or age that support compassionate release under the First Step Act
- Constitutional violations under the Eighth Amendment or Article 1, Section 27 of the North Carolina Constitution
Some clients also come to us after an unrelated criminal defense attorney relationship ended without a full explanation of these options, which is why an honest case review upfront is so important.
- Member, American Immigration Lawyers Association
- NC Board Certified Specialist in State and Federal Criminal Defense, 2012
- Serving Wake, Durham and Johnston counties since 2008
Our Process for Pursuing Post-Conviction Relief
Every post-conviction case starts with understanding exactly what happened at trial and what has changed since. We move carefully because these filings often represent the last realistic chance at relief.
Case and Record Review
We request and review the full trial transcript, prior filings, and sentencing records to identify any errors, missed evidence, or procedural problems worth raising.
Evidence and Documentation Gathering
Our team collects new evidence, medical records, or witness statements, whichever applies to your grounds for relief, and organizes it into a clear supporting record.
Filing the Motion
We prepare and file the appropriate motion, whether a Motion for Appropriate Relief in state court or a compassionate release petition under 18 U.S.C. Section 3582(c)(1)(A)(i) in federal court.
Hearing and Advocacy
We represent you at any hearing, respond to the state's objections, and continue advocating until the court reaches a decision on your motion.
Attorneys Who Handle Post-Conviction Matters
Post-conviction filings require attorneys who understand both trial-level criminal defense and the specific procedural rules for revisiting a case. Our team brings that combined experience to every motion we file.
Nardine Mary Guirguis
Nardine leads case strategy on post-conviction and compassionate release filings, drawing on years of criminal defense and immigration-adjacent case work across Wake and Durham counties.
Robert E. Waters
Robert brings trial and appellate experience to post-conviction motions, focusing on identifying procedural errors and building the evidentiary record clients need.
Why Wake, Durham, and Johnston County Families Choose Guirguis Law
Families across the Triangle turn to Guirguis Law because our office sits in downtown Raleigh, minutes from the Wake County Courthouse on Fayetteville Street, and we regularly appear in Durham and Johnston County courts as well. That local familiarity matters when timing and filing procedures vary by county.
Our firm handles more than criminal defense. We also work with clients on estate planning, divorce, and personal injury matters, which means we understand how a conviction can ripple into custody arrangements, employment, or a family's financial stability. Clients often come to us first as a criminal defense lawyer for the underlying case, then return when they need help with expungement, compassionate release, or a related family law issue like alimony.
Because these cases carry real consequences for someone's freedom and future, we keep communication direct and honest about what a motion can realistically achieve. We do not promise outcomes we cannot deliver, and we explain each filing in plain language so you understand exactly where your case stands.
Post-Conviction Relief FAQ
Here are answers to questions we hear often from clients and families researching post-conviction relief in North Carolina.
What is the difference between a direct appeal and post-conviction relief?
A direct appeal challenges legal errors made during the trial itself and must be filed quickly after sentencing. Post-conviction relief, often filed as a Motion for Appropriate Relief, can be pursued later and typically relies on new evidence or issues outside the trial record, such as ineffective counsel.
Can a compassionate release lawyer help with a federal sentence?
Yes. Federal compassionate release petitions under the First Step Act allow certain incarcerated individuals to seek reduced sentences or home confinement due to serious medical conditions, age, or other extraordinary circumstances. A compassionate release attorney prepares the documentation the Bureau of Prisons and the court expect to see.
How is post-conviction relief different from an expungement?
An expungement lawyer works to remove a charge or conviction from your record after the case has fully concluded. Post-conviction relief instead asks the court to reconsider the conviction or sentence itself, which is a very different legal process with different timelines and standards of proof.
What evidence is strong enough to support a Motion for Appropriate Relief?
Courts look for evidence that was genuinely unavailable at trial, such as new DNA results, a recanting witness, or proof of juror or prosecutorial misconduct. A post conviction relief lawyer can evaluate whether your specific facts meet the legal threshold before any motion is filed.
Talk to a Post-Conviction Relief Lawyer About Your Case
If your trial ended in a result you believe was wrong, or if health circumstances now warrant reconsideration of a sentence, do not assume nothing more can be done. Guirguis Law will review your record, explain your realistic options, and file the strongest motion available under state or federal law.
