Chicago Habeas Corpus Lawyer
Filing a petition for habeas corpus is another way to seek relief from wrongful imprisonment. It is a federal petition filed under federal law in a federal court that seeks to win release from prison by the petitioner. It is available to those being held in both state and federal prisons. Called a “writ of habeas corpus,” it argues that you have been illegally imprisoned based on a conviction that violated your constitutional rights.
The Moran Law Group can assist you in filing a petition for habeas corpus relief if you were convicted in an Illinois state court or a U.S. District federal court. Our firm is dedicated to fighting for the rights of those who have been wrongfully incarcerated or who have suffered inhumane treatment or conditions in prison. The legal action of seeking this kind of relief can be a complex process for which you will need the knowledge and skills of our highly-experienced appellate lawyer.
Book your free initial consultation with our Chicago habeas corpus attorney using our online request form of by calling (312) 487-4344.
What Is Habeas Corpus Relief?
The phrase “habeas corpus” means to “produce the body.” This refers to bringing an imprisoned person before a judge in a hearing to determine the basis for his or her imprisonment. It applies to those whose constitutional rights have been denied in some manner which justifies their need for a court hearing.
As a U.S. citizen, you have the right to challenge unlawful incarceration or inhumane prison conditions. Your petition, however, will need to provide convincing supportive evidence that your rights have been violated.
The procedures for filing a petition for habeas corpus must be strictly followed and differ for state and federal prisoners.
Habeas corpus petitions generally are based on one or more issues, such as newly discovered evidence in your case, testimony that was coerced or was false (perjury), or “ineffective assistance of counsel.” Ineffective assistance of counsel means that your defense attorney performed so inadequately that it negatively impacted the outcome of your case.
For state prisoners, you must exhaust all available post-conviction options before you can file this federal petition. For federal prisoners, you must adhere to strict filing rules. Your petition must be filed within one year of your conviction, within a year of date of changes to the law that support your petition, or within a year of when new evidence was discovered.
If you need legal assistance with a habeas corpus petition, we urge you to reach out to The Moran Law Group. We focus much of our practice on post-conviction and appellate work and have the experience you need for this challenging legal matter.
Call (312) 487-4344 or contact us online to get started today.
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