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Serious Advocacy In Tough Cases

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, such as writs of habeas corpus. When you speak to an Indiana defense attorney, you can get a better idea of whether it is the right fit for your case.

What Is The Difference Between A Writ of Habeas Corpus And A Criminal Appeal?

In an 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.

Ask An Indianapolis Criminal Defense Lawyer About Your Options

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.