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Habeas Corpus occurs when a person is convicted, sentenced to imprisonment, and incarcerated may request to a court for a Writ of Habeas Corpus (a court order to release the defendant from imprisonment). Through such a writ, the individual tests the legality of his or her detention and seeks to redress fundamental defects in the process leading to conviction. The grounds for granting relief (release from detention) under the Habeas Corpus Writ are limited and vary slightly depending on the jurisdiction. Many jurisdictions limit the scope of the Habeas Corpus Writ to situations in which the convicting court lacked jurisdiction over the defendant or over the crime. Others grant relief in circumstances in which the conviction was obtained in violation of the defendant's constitutional rights and there is no other remedy to correct the violation.
If when appealing your case did not work for you, and you feel you have lost the battle with the court system, think again, you can still fight an unjust conviction through a Writ of Habeas Corpus. But not every case is viable under Habeas Corpus, you have to show and prove reversible error on the appeal process.
In order for a Habeas Corpus Writ to go successfully you need the assistant of a qualify attorney who is experienced in the area of Habeas Corpus. Habeas corpus is a civil court procedure by which the criminal lawyer argues that the counsel in the previous trial was ineffective, or that something happened during the criminal defense process that was unconstitutional. Preparing for a Habeas Corpus case is a difficult process. Therefore, it is important and mandatory to get the right Habeas Corpus lawyer to represent these types of legal cases.
Habeas Corpus is not a part of the regular appeals process. However, when new evidence is discovered in your case, you should consider filling for a Writ of Habeas Corpus. Call Attorney Search Network today and we can connect you to an experienced Habeas Corpus lawyer.
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