Writ of Habeas Corpus
Anyone who is in prison, or otherwise restrained in some way by the criminal justice system, can bring a writ of habeas corpus petition to challenge their imprisonment.
If you have been convicted of a crime and have tried and failed to overturn your conviction on appeal, you may think that this means you have no choice but to accept your conviction and serve your sentence. However, that’s not true…
The writ of Habeas Corpus is the legal system’s last line of defense against unlawful incarceration. Anyone who is in prison, or otherwise restrained in some way by the criminal justice system, can bring a writ of habeas corpus petition to challenge their imprisonment.
California Habeas Petition. Under California law, a suspect may file a Habeas Corpus petition under certain defined conditions.
Common grounds for habeas petitions include:
Unconstitutional criminal law
Ineffective assistance of defense counsel (or no counsel provided)
Incompetency during trial
Discovery of new (convincingly exonerating evidence)
Changes in the law
Certain convictions of battered women
Federal Habeas Petition. If a defendant is denied redress under the State system (including the State’s own Habeas process, Federal law provides a special Habeas process under which defendants can challenge the state process itself against United States Constitutional standards. Alternatively, prisoners charged directly under Federal law do not have any recourse to State Habeas Petitions and must file original petitions in Federal court. In either case, the basic premise of a Habeas Petition remains the same as those filed under State law; the major difference being the time constraints within which a petition must be filed. Specifically, Federal law generally imposes a strict one-year limitation on filing petitions.
Habeas petitions are difficult and having a lawyer with experience in habeas practice can make a big difference in your case. We not only have experience in habeas corpus cases, but something else more important: a track record of success. Our attorneys have worked on numerous habeas cases and have achieved results for our clients that have changed their lives…
Our Partner, Ian Graham, used a habeas corpus petition to overturn a life sentence for a wrongful murder conviction.
Need More Information? If you would like more information about Writs of Habeas Corpus or about how the Writ might apply in your specific case, please don’t hesitate to contact us. Depending on your situation, you might be facing a deadline within which to seek help. Don’t wait and risk jeopardizing your Constitutional rights.
Contact us for a free consultation to see how we can help you.
Kravis, Graham & Zucker bring more than 40 years of combined post-conviction legal experience.