Experienced Lawyers Exercising Your Right To Habeas Corpus
Did a state court convict you of a crime? Do not give up. Explore your right to file a writ of habeas corpus so you can receive a fair chance before the court again.
At Harwell Gray Legal Counsel LLC, we offer a diverse range of legal services for the people of Indianapolis. If you face criminal charges, we use creative strategies and dogged persistence to pursue post-conviction relief. One such option is the use of habeas corpus.
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What Is A Writ Of Habeas Corpus?
If you lose a criminal case, you may have the right to file a petition for a writ of habeas corpus. This is a form of post-conviction relief that allows you to challenge your incarceration. A writ of habeas corpus means that you are asking a higher court to order the entity detaining you to bring you before the court once again.
When Should You File A Writ Of Habeas Corpus?
If you are a defendant who needs to challenge the lawfulness of your detention, then a writ of habeas corpus might be right for you. Some examples of when you can file a writ of habeas corpus include:
- You are currently in custody. You do not necessarily have to be in jail or prison.
- You were detained or imprisoned unlawfully.
- Your sentence is unfairly harsh or long.
- You have suffered civil rights violations.
- Your trial excluded certain evidence or contained errors.
There are many complex regulations that govern post-conviction relief which are further complicated by limited resources of government systems. When you speak to an Indiana defense attorney, you can get a better idea of what post-conviction relief option is the right fit for your case.
What Is The Difference Between A Writ Of Habeas Corpus And A Criminal Appeal?
In a criminal appeal, a higher Indiana court reexamines the decision of the lower court. The superior court judge has the opportunity to overturn the lower court’s verdict. A writ of habeas corpus does not mean the higher court will overturn your conviction.
A criminal appeal and a writ of habeas corpus may seem similar but they each serve different purposes in seeking justice after a wrongful criminal conviction. In a criminal appeal, you challenge legal errors that occurred during your trial, such as improper jury instructions or inadmissible evidence. Appeals must typically be filed within 30 days of sentencing and focus on issues already in the court record.
A writ of habeas corpus, however, allows you to present new evidence that wasn’t available during your trial or raise issues about possible constitutional violations. For wrongfully convicted individuals, habeas corpus petitions can be particularly powerful when DNA evidence, recanted testimony or proof of ineffective counsel emerges after conviction.
Can I File An Appeal And A Writ Of Habeas Corpus?
Yes, but timing is crucial. You should typically exhaust your direct appeals before filing for habeas corpus relief. While appeals focus on trial errors, a habeas petition can address issues like newly discovered evidence or constitutional violations that were not apparent during the original proceedings. Your attorney can help develop a strategic timeline that preserves both options while meeting critical deadlines.
What To Expect And How To Win When Filing A Writ Of Habeas Corpus
Success in habeas corpus cases requires strong evidence and patience. Federal courts face a significant backlog of habeas petitions, with processing times often extending beyond a year. Cases most likely to succeed typically involve:
● Clear constitutional violations, such as prosecutorial misconduct or ineffective assistance of counsel
● Newly discovered evidence that proves actual innocence
● Violations of fundamental rights that were not addressed in earlier proceedings
To prove you are entitled to relief, you must show that your detention violates federal law or the Constitution. This requires:
● Detailed documentation of constitutional violations or new evidence
● Clear explanation of why the issue could not be raised earlier
● Evidence that the error had a substantial effect on your conviction
● Proof that you have exhausted other available remedies
Our experienced attorneys understand these complex requirements and can help present a strong case for relief. We have successfully handled many criminal appeals and habeas corpus cases.
Ask An Indianapolis Defense Lawyer About Petitioning For A Change After You Are Convicted Of A Crime
You must file your petition for a writ of habeas corpus within one year, so do not waste any time – contact Harwell Gray Legal Counsel LLC immediately. We offer flexible payment plans. Please call us today at 317-344-9085 or send us an email to set up your initial consultation.
