Upon being convicted on federal charges and sentenced to a lengthy prison term, many individuals may be left with a desire to pore over all their options and take every possible measure to protect their legal rights. One such option includes the right to file a petition of habeas corpus. As this can be a complex, process, seeking insight prior to pursuing a writ of habeas corpus could prove integral to helping a person understand what to expect from and how to prepare for the process.
Habeas corpus
The term habeas corpus refers to a clause in the U.S. Constitution that provides citizens with the right to challenge the legal aspects of their imprisonment. Should a hearing take place, both sides may be tasked with presenting evidence to support their cases before the court. Should the court find legitimate cause to question the validity of the imprisonment, this may lead to a lesser sentence or even bring about the release of a prisoner.
Experts also indicate that it could be beneficial to know that habeas corpus cases are not the same as an appeal, and this type of option is more common for those who have exhausted options such as appeals. There are also procedures that govern the availability and eligibility of habeas corpus. As such a process could prove complex in nature, seeking insight on how best to prepare to file a petition prior to initiating the process could prove essential.
Assistance in the process
Although the idea of challenging a federal conviction can be a daunting endeavor, options such as habeas corpus are in place to provide individuals with the right and outlets with which to pursue such goals. Those who wish to file a petition for habeas corpus but remain uncertain how to prepare for the process could consider retaining the services of an experienced attorney for much-needed guidance. An attorney can examine a client’s circumstances, provide insight on all his or her available options and assist in creating a strategy to protect his or her legal rights and interests through the proper outlets.