WHAT IS A PETITION FOR HABEAS CORPUS?
A Petition for Writ of Habeas Corpus challenges the legality of one’s custody and requests that a Writ of Habeas Corpus issue to remedy a constitutional violation and free that individual from his or her custodial status. A defendant is “in custody” if he or she is in jail or prison or on probation or parole. If you are not in custody, you are not eligible for habeas relief. However, there are other remedies you may seek and Ms. Klein will discuss these with you at the time of your consultation. Unlike an appeal, which is strictly based on the trial court record, a Petition for Writ of Habeas Corpus is usually based on evidence that was not presented at trial. For example, a habeas petition is appropriate if the prosecution withheld Brady material … that is, evidence that would have been favorable to your case. A habeas petition is also appropriate if you were denied the effective assistance of counsel. For instance, if the trial attorney failed to conduct an adequate investigation,
