A Habeas Corpus Lawyers can represent you if you were arrested and imprisoned in violation of your rights. These lawyers will help you with a variety of different legal issues.
They reinvestigate cases, search for evidence of constitutional violations, and interview witnesses. They will also research relevant laws and case law to find a basis for your claim.
Writ of Habeas Corpus
The Writ of Habeas Corpus is the only post-conviction remedy available to test whether or not your rights were violated during the trial process. This is an extremely powerful tool, and it is important to have a seasoned lawyer prepare your petition in accordance with federal law.
There are many possible arguments that can be presented in a Writ of Habeas Corpus, including allegations that your attorney provided ineffective assistance, that the court committed error in its decision making or that the evidence was improperly considered by the jury. Having a seasoned habeas corpus attorney at your side can greatly increase the likelihood that your claim will be treated with care and seriousness by a judge.
It is important to note that a Writ of Habeas cannot be used to appeal your conviction, which must be done through the criminal appeal process. However, it can be filed after you have exhausted your right to appeal or when a significant legal error has been made.
Post-Conviction Challenges
Once a criminal trial results in a conviction or a plea of guilty no contest, the defendant’s case is not over. A defendant can challenge his or her verdict through several legal actions, including an appeal and/or a state and federal habeas corpus proceeding.
If you or someone you know is in state custody, a Brownstone habeas corpus lawyer can help file a 2255 or 2254 motion with the federal district court that has jurisdiction over the location of the prison or over the court where the conviction was imposed. A petition for a writ of habeas corpus must allege that your federal rights have been violated.
Our firm’s lawyers will conduct a thorough investigation of your case and work to establish that you are in state custody because of a violation of federal laws, which include your right to effective assistance of counsel. A successful writ of habeas corpus can result in the release or modification of your sentence.
Police Detentions
Detention is a process where law enforcement restricts your freedom to leave. An officer can only do this with reasonable articulate suspicion that you are involved in or about to commit a crime. For example, a patrol officer might stop you during a Terry stop, and frisk you because he or she suspects that you are about to rob a store.
A writ of habeas corpus is a judicial review that tests the validity of reasons or grounds for restraint and detention. Your attorney can use this judicial remedy to test whether the detention or punishment you are suffering is constitutionally valid.
Bringing a Writ of Habeas Corpus to challenge your detention or conviction involves filing an application in State or Federal Court and alleging that you have a legal right to be free from unlawful imprisonment. An experienced lawyer can help you file this claim to ensure that you have a strong case. This includes reviewing your record to determine that you have grounds for a writ of habeas corpus before proceeding with this remedy.
Appeals
A Petition for Writ of Habeas Corpus is a powerful but extraordinary legal tool. Our lawyers can help you regain your freedom from unlawful detention by investigating all available evidence, pouring over relevant law precedent, and crafting compelling arguments that convince the court or judge to reverse your conviction.
A habeas corpus petition is different from a direct appeal or CPL 440 Action in that it is generally brought to a higher court (an appellate court) and the grounds for relief are more limited. It typically requires a thorough reinvestigation of your case and can be based on a variety of different issues, such as improper jury instructions, improperly admitted or excluded evidence, and unwarranted sentencing increases.
It is important to note that you must exhaust your appeals options in state court before filing a federal habeas corpus petition. Our attorneys can guide you through this process and provide regular communication throughout the duration of your case.
