Writ of Habeas Corpus

Have you or a family member been convicted of a criminal offense?  If so, you already know that a criminal conviction can have devastating effects on one's ability to obtain employment, financing, and housing.  In fact, your family member may be incarcerated right now due to that conviction.  Additionally, other collateral consequences of a criminal conviction, such as mandatory reporting or registration requirements, can have a negative effect on daily life.  I am often asked if there is a way to challenge a criminal conviction.  The main solution is through an application for a writ of habeas corpus.  The term "habeas corpus" is a latin term that means "you have the body."  Generally, a petitioner can obtain relief from a writ of habeas corpus by showing one of three things:

• Actual innocence
• Prosecutorial misconduct
• Ineffective assistance of counsel

If you do not succeed on a state application for writ of habeas corpus, you may file a writ in federal court as long as it is within one year of when your conviction has become final.  It can become complicated to determine when exactly your conviction becomes final for the purposes of filing a federal writ.  If your federal writ is unsuccessful, you may apply to a federal court of appeals.  The United States Supreme Court may have the final say on the outcome of your writ.  

If you want to challenge your or a family member's criminal convictions, set up a free consultation today.