After a conviction, you may want to challenge the state’s process or evidence against you. You may petition the court to compel a review if you believe something was amiss during your trial.
A habeas corpus petition is a legal filing that asks a judge to release you while you challenge how the authorities gathered and presented the case against you. Getting a court to review any aspect of your conviction may result in a favorable outcome and reduce your sentence or, in some cases, your acquittal.
What does habeas corpus mean?
A habeas corpus petition intends to show that your conviction and subsequent sentence contained mistakes or flaws. A successful petition results in your release from detention pending a full investigation into the proceedings. In some instances, a habeas corpus petition may reveal a malicious pattern of sentencing in the court that may help unravel the case against you.
What elements can you challenge post-conviction?
The court may agree if you believe your arrest and conviction occurred due to faulty procedure. A writ of habeas corpus may allow you to remain free from jail while the federal court reconsiders your case. Some of the most common reasons for re-visiting the conviction against you include:
- The state lacked standing
- The state used illegally obtained evidence
- The police violated your constitutional rights
- The sentence does not fit the crime
A habeas corpus petition may give you more time to review your case before you must endure a lengthy sentence. As always, you should seek the counsel of an experienced professional in this type of proceeding.