Dallas Federal Habeas Corpus Attorney
A writ of habeas corpus is a legal proceeding in which a state or federal inmate may challenge a final conviction that has been upheld on appeal.
When translated, the Latin phrase “habeas corpus” means “you have the body.” Essentially, habeas corpus in federal court refers to a petition claiming that an individual is being detained against his or her constitutional rights. This petition, commonly known as a writ of habeas corpus, is filed in federal court regardless of whether a person is serving time in a state or federal prison.
This petition basically claims that the imprisonment is unlawful as the arrest, trial, or sentence was in violation of constitutional law. Though a habeas corpus may sometimes be used in situations such as to challenge a contempt order or challenge the amount of a bond, it is primarily used to contest final convictions.
Filing a petition for federal habeas corpus is a complex process and entails meeting strict and specific requirements which are addressed on a case by case basis. Generally, the most common arguments in an application for habeas corpus include:
- Prosecutorial misconduct
- Ineffective assistance of counsel
- New evidence that establishes innocence
It must be noted that a habeas corpus does not, in any way, take the place of an appeal. Most issues must first be raised on direct appeal.
In most cases, a habeas petition is a defendant’s final chance to challenge their conviction in federal court after a state court has denied relief. Sadly, many inmates attempt to handle habeas actions without an attorney. Given the importance of habeas proceedings as well as their complex nature, it is imperative that you work with an experienced attorney who can advocate aggressively on your behalf. Contact David Finn, P.C. at (214) 871-1112 today to discuss your legal options.
Requirements for Federal Habeas Proceedings
According to federal statutes, two requirements must be met to qualify for a federal habeas corpus review. The first requirement is that the individual petitioning be in custody of the state government upon filing of the petition. The second prerequisite is that the individual in custody should have tried all possible remedies of the state—including state appellate review. Federal courts may opt to approve a habeas corpus petition of any individual who falls within the court’s jurisdiction.
Call David Finn, P.C. Today
Help may still be available—even after a conviction for a criminal offense. If you or someone dear to you has been convicted of a criminal offense, it is crucial to fully understand all the options available to you, particularly in terms of possibly overturning a decision. Note that you must act immediately as there is a one year statute of limitations for filing a habeas corpus petition in federal court. David Finn, P.C. will fight aggressively to protect your rights, as well as for your personal and professional future. Call (214) 871-1112 today.
Office: (214) 871-1112
David Cell: (214) 538-6629
Kathy: (214) 738-4703 (Paralegal Kathy Archuletta)