Habeas Corpus

Habeas Corpus After Conviction

The Question is: What went wrong, and, what is the best Procedure to make it right?

In many cases, whether or not you have an appeal, HABEAS CORPUS is right for your case. Why? Because Habeas Corpus allows you to challenge your conviction in ways that are not permitted on any appeal. And, Habeas Corpus Writs are often the only way you can get your case back in court years after your appeal is over and so is any right to appeal. Especially with new evidence, Habeas Corpus is most frequently the way a person is freed years after their conviction.

For example, if evidence in your favor was not presented to the court at your trial, it is never allowed on appeal. An appeal is limited to the transcript of the oral testimony at your trial and the papers and documents introduced as exhibits during t работа мск rial. Anything that did not come into the record at your trial, is barred from any appeal.

Habeas Corpus, under 28 U.S.C., Section 2254, is the way a person convicted in a State Court can bring their case to federal court and win their Freedom. This is especially true in California where the Ninth Circuit has ruled in favor of prisoners whose convictions the 9th Circuit found to be a constitutionally unfair and wrongful conviction.

Federal Court is often the place to win. We know how to get you there.

HABEAS CORPUS, however, allows you to introduce the evidence that was never part of your trial. That is how many cases are won on habeas corpus, even cases on which the appeal was denied.

What is Habeas Corpus?

Habeas Corpus is a Petition to free you from a wrongful conviction. The term “Habeas Corpus” is Latin and means “Bring forth the body”.

The biggest difference between your appeal and a Habeas Corpus Petition is that while an Appeal can only bring up matters which are on the written or oral record of your trial or plea bargain, whatever happened to cause your conviction, the Petition for Habeas Corpus can bring up anything relevant to your case whether or not it was part of your trial. You can bring up in your Petition anything which proves you were wrongfully convicted on Habeas Corpus.

Habeas Corpus can include your case record that is used for your appeal. But, it can also bring up any admissible evidence that shows you are innocent or your conviction was wrongful, or unconstitutional, was the result of jury prejudice or misconduct, was the result of the prosecutor failing to divulge evidence to your attorney before trial, or was the result of ineffective assistance of counsel (errors of your own attorney). Habeas Corpus can also set aside a https://jobitel.com bad or constitutionally defective plea bargain resulting in a wrongful conviction. There are many ways to win your freedom through Habeas Corpus.

We listen carefully to our clients. Often, you know what went wrong with your case. We can translate the errors you know into legal authority which gives you the opportunity to win your freedom.

You and/or those closest to you are invited to ask us about Habeas Corpus for your case.