Habeas Corpus Review
December 13, 2012 | Uncategorized
The criminal appeals process can be long and confusing for people not familiar with it. Just because you have exhausted all your appeals in state court does not mean that your case is finished. You can still petition a federal court for a writ of habeas corpus. If you have lost all of your state appeals, you should consider speaking with a Fairfield County appeals attorney about your remaining options.
What Is A Writ Of Habeas Corpus?
A writ of habeas corpus is a legal order directing your release from prison because your detention is unlawful. Federal law gives any federal court the power to issue a writ upon a finding that, among other things, the prisoner is being held in violation of the United States constitution or upon clearly insufficient evidence. A common basis for reversal asserted in habeas petitions is that trial counsel was ineffective in its representation. The highest success rate among habeas petitioners is in death penalty cases, likely because those prisoners are represented by lawyers when filing their petitions.
With the passing of the Antiterrorism and Effective Death Penalty Act in 1996, claims that have already been brought in a previous habeas petition are thereafter barred from successive petitions. This means that before you file a petition, you should seriously consider consulting with an attorney to make sure you are filing the most effective claim possible. Mitchell Baker is an experienced Fairfield County appeals attorney who is ready to help you prepare your case. Call 1-914-681-9500 for a free consultation today.