Winning a Petition for a Writ of Habeas Corpus
Experienced habeas corpus attorneys are dedicated to standing up for the rights of inmates who are wrongfully or excessively imprisoned. The best habeas attorneys aggressively fight for their clients by using the following steps in Habeas Corpus cases:
- Review the Record for Errors — If an inmate’s rights were violated at any point in their case, it may be possible to challenge the conviction. There are hundreds of arguments that can be used in a Writ of Habeas Corpus that may result in a reduced sentence, new trial, or overturned conviction.
- Develop an Argument Based on Applicable Laws — Criminal appeals lawyers have an in-depth understanding of laws that may be able to be used to support your arguments. They are also familiar with recent court cases that may have an impact on the outcome of your case.
- Fight to Get You Released from Prison — With a Petition for a Writ of Habeas Corpus, the ultimate goal is to get you released from prison. A court may schedule a new trial, modify your sentence, or order immediate release if you have been wrongfully confined.
What Is a Writ of Habeas Corpus?
When a law enforcement agency detains you, you have a right to challenge the legal basis, duration, and conditions of your incarceration.
You can challenge your detainment by state prison, federal prison, and even a federal agency, such as the Federal Bureau of Investigations (FBI), U.S. Marshals Service (USMS), Drug Enforcement Administration (DEA), or Immigration and Customs Enforcement (ICE).
“Habeas Corpus” translates to “show me the body.” A writ is an order form a higher court to a lower court or government agency or official. When you file a Petition for a Writ of Habeas Corpus, you are asking the court to order the detaining organization to bring you before the court in order to challenge the incarceration.
What Happens If the Court Approves a Petition for a Writ of Habeas Corpus?
If your Petition is approved, then the agency detaining you may be required to prove that your incarceration is valid and lawful. They must also show that the conditions of your imprisonment are within the requirements of the law.
With a Writ of Habeas Corpus, you can ask the court to:
- Release you from prison
- Reduce the term of your incarceration
- Declare your rights while imprisoned
- Stop or correct illegal conditions while imprisoned
What Is a Federal Writ of Habeas Corpus?
A federal Writ of Habeas Corpus is the final opportunity for review of issues that are denied in state courts. A Petition for a Federal Writ of Habeas Corpus must allege that a federal right was violated.
The most common claims in a federal Writ are 5th, 6th, and 14th Amendment right violations. For example, you have a federal right to effective assistance of counsel under the Sixth Amendment to the U.S. Constitution. If your trial counsel did not provide you with effective assistance, then you can make the claim that your Constitutional rights were violated.
To file a federal Writ of Habeas Corpus, you must have exhausted all other avenues of appeal. You also must choose the proper jurisdiction (or the appropriate federal court). There are many complex requirements involved with a federal Writ of Habeas Corpus.
Visit SPCRC's Recommended Lawyers page to find attorneys we suggest for habeas corpus cases.
What is a State Writ of Habeas Corpus?
Each state has a process similar to the federal Writ of Habeas Corpus that allows inmates to challenge their incarceration. However, the procedure and deadlines will be different in each state.
You can make similar claims in a state Petition for a Writ of Habeas Corpus when your rights have been violated. Some of the most common claims in a state Writ of Habeas Corpus Petition include:
- You received ineffective assistance of counsel
- There was prosecutorial misconduct
- There was juror misconduct
- There was trial court error
- The law enforcement officers acted improperly or illegally
When Should You File a Writ of Habeas Corpus?
It is appropriate to file a Petition for a Writ of Habeas Corpus if your rights have been violated before, during, or after your conviction. A Writ of Habeas Corpus Petition may be successful when:
- You are imprisoned unlawfully
- Your detention has been prolonged
- Law enforcement refuses to provide a bond hearing
- You were denied bail bond unlawfully
- You are suffering unlawful conditions while in detention (such as inadequate shelter, sustenance, medical care, etc.)
A Writ of Habeas Corpus vs. A Criminal Appeal
A Petition for a Writ of Habeas Corpus is different than a criminal appeal. A Writ does not appeal the finding of guilt in a criminal case. That must be done through a timely criminal appeal after the conviction.
A Writ of Habeas Corpus may be sought after state and/or federal appeals processes have been exhausted. If you cannot file an appeal or your appeal was denied, then a Writ may be a good option for you.
A qualified habeas corpus attorney will carefully evaluate your case to determine whether you are eligible to file a criminal appeal or a Petition for a Writ of Habeas Corpus. Visit SPCRC's Recommended Lawyers page to find attorneys we suggest for these cases.
Potential Arguments to Support a Writ of Habeas Corpus
There are hundreds of arguments that can be made in a Petition for a Writ of Habeas Corpus. Some common arguments used in Writ Petitions include:
- Ineffective Assistance of Counsel
- Prosecutor Misconduct
- Newly Discovered Evidence
- Actual Innocence
- Jury Misconduct
- Judicial Misconduct
- Unconstitutional Law
- Evidence of Battered Woman Syndrome
- Unlawful Prison Conditions
Deadlines for State and Federal Writs of Habeas Corpus
There are deadlines that must be met in all legal matters. If you fail to meet those time limitations, then you may forfeit your successful Writ. There are different deadlines for each state and federal Petitions for Writs of Habeas Corpus.
Deadline to File a Petition for a Federal Writ of Habeas Corpus
You have exactly one year from the date when you exhaust your state remedies to file a Petition for a Federal Writ of Habeas Corpus. This is a strict deadline that must be met or your Petition will be denied due to being untimely.
That means, if you filed a Petition for Review to the highest court in your state, and the court’s denial is finalized 90 days after they issue an order, then you have one year after that date of finalization to file a federal Writ Petition. For example, in California, you have one year and 90 days after the California Supreme Court denies your Petition for Review.
Deadline for California Writ of Habeas Corpus
There is no fixed deadline to determine the timeliness of a California Petition for Writ of Habeas Corpus. However, California requires “petitioners to file known claims as promptly as circumstances allow.” Walker v. Martin, 131 S. Ct. 1120, 1142 (2011).
It is important for California petitioners to explain when they first learned of the claims being raised in their Petition for Writ of Habeas Corpus. If there is a substantial delay between when the petitioner exhausted their state appeal and filed a Petition for a California Writ of Habeas Corpus, the petitioner has the burden of proving “good cause” for the delay.
If there was a substantial delay, but the petitioner does not have good cause for the delay, the court may still consider the Petition if:
- There was error of “constitutional magnitude,” and without the error, the petitioner would not have been convicted
- The petitioner is actually innocent
- The death penalty was imposed due to error
- The conviction was obtained using an invalid statute
For more information about Deadlines for California State Writs of Habeas Corpus, see SPCRC's recommended California habeas corpus lawyers.
Deadline for Texas Writ of Habeas Corpus
Texas does not have a specific deadline within which a petitioner must file a Petition for a Writ of Habeas Corpus. However, the law does indicate that a petitioner must file within a reasonable time after discovering the issue being challenged. You should file a Writ as soon as possible.
In some cases, a Texas state Writ can be filed years or even decades after a conviction, but you must have a valid reason for filing so long after the appeals process has been concluded. If you wait too long to file a Writ without reason, the court may deny it due to “laches,” which essentially means it is unfair to the other party (the State of Texas).
When determining if a Petition for Texas Writ of Habeas Corpus is timely, the court will consider “the length of the applicant’s delay in filing the application, the reasons for the delay, and the degree and type of prejudice resulting from the delay.” Ex Parte Perez, 398 S.W.3d 206, 212-14 (Tex. Crim. App. 2013).
While there is no firm deadline to file a Texas Writ of Habeas Corpus Petition, you should file as soon as is practicable. See SPCRC's recommended Texas habeas corpus lawyers.
Deadline for New York Writ of Habeas Corpus
The requirements for a Petition for a New York Writ of Habeas Corpus are detailed in Civil Practice Law & Rules (CPLR) Article 70. This is a civil proceeding in New York rather than a criminal proceeding even though it pertains to the incarceration or detainment of a person. There is no statutory deadline for filing a New York Writ of Habeas Corpus, but it should be done as soon as possible after all other avenues are exhausted.
Before you file a Petition for a Writ of Habeas Corpus in New York, you must ensure you cannot bring proceedings for a standard criminal appeal, Article 440 Motion, or Article 78 Motion.
An appeal from the trial court relies on evidence in the record and must be filed within 30 days of the conviction.
An Article 440 Motion (CPL 440 Action) is often used instead of a Writ of Habeas Corpus. A CPL 440 Action seeks relief based on evidence outside of the record. There is no specific deadline to file an Article 440 Motion; however, it should be done as soon as possible. The court may deny the motion if the defendant waits too long to assert their rights.
An Article 78 Motion appeals a government agency decision. You have four months, or 120 days after a final agency decision to appeal with an Article 78 Motion.
It can be difficult to know which remedy is right for you in New York. To learn more about your post-conviction options, visit SPCRC's Recommended Lawyers page to find attorneys we suggest for these cases.
Deadline for Michigan Writ of Habeas Corpus
In Michigan, a Habeas Corpus proceeding is a civil matter even though it involves the wrongful incarceration of an inmate. While there is no specific deadline to file a Petition for a Writ of Habeas Corpus in Michigan, it should be done as soon as possible after all other remedies are exhausted.
The court may view a significant delay in filing a Petition in a negative manner. However, if there was previously undiscovered evidence or information not known to the petitioner, the court may excuse a delay.
Failure to file a timely Petition for a Writ of Habeas Corpus in Michigan can be detrimental to your case. Visit SPCRC's Recommended Lawyers page to find attorneys we suggest for habeas corpus cases.
How a Top Habeas Corpus Attorney May Be Able to Help You
A Petition for a Writ of Habeas Corpus is a complex legal document that must meet specific requirements and make strong arguments. It has the potential to help you get a new trial, your sentence reduced, or obtain your freedom.
The best habeas corpus lawyer can help you:
- Meet All Deadlines — There are specific deadlines for state and federal Writs of Habeas Corpus. If you miss those, you may lose your ability to seek relief. A qualified habeas corpus attorney can ensure you meet all necessary deadlines.
- Make Strong Arguments — There are hundreds of arguments that can be made in a Petition for a Writ of Habeas Corpus. Only a knowledgeable attorney with experience handling Habeas Corpus cases will understand which ones apply to you.
- Fight for You — Your attorney should fight for your rights at every juncture. They should point out where your rights were violated and work to get you relief. Your freedom is the goal.
Visit SPCRC's Recommended Lawyers page to find attorneys we suggest for habeas corpus cases.