Statewide Postconviction Attorney
Habeas corpus petitions are typically brought after one's conviction is affirmed by the appellate court on direct appeal. The petition is a civil proceeding that challenges the constitutionality of a person's incarceration. As a Criminal Appeals Lawyer in Georgia, Marietta and Cobb County, Ben routinely represents people in post-conviction proceedings.
Time Limitations
Just as with other appeals, habeas corpus petitions are governed by strict deadlines. If you miss the deadline, you will lose your chance to petition forever. Once the direct appeal is denied, the clock starts running. There is a four (4) year statute of limitations to file a State habeas corpus petition. However, there is a one (1) statute of limitations to file a federal habeas corpus petition.
The federal clock will stop running once a State petition is filed. Therefore, it is vital that the petitioner have an attorney working on the case as soon as the direct appeal has concluded. Otherwise, the petitioner may lose the ability to raise claims in federal court.
The Grounds For Habeas Relief
Habeas corpus is more limited than the appellate process that precedes it. Generally, it is limited to constitutional issues. These include, but are not limited to:
- ineffective assistance of trial counsel
- ineffective assistance of appellate counsel
- prosecutorial misconduct
- defective indictment
- unconstitutional statutes
- faulty jury instructions
- double jeopardy issues
- confrontation clause violations
- speedy trial violations
- illegal search and seizure
Why You Need A Lawyer
The Constitution of the United States mandates that persons charged with criminal offenses be provided the assistance of a lawyer if they cannot afford one. Under Georgia, individuals convicted of crimes are also entitled to the assistance of a lawyer on their appeal. However, the right to counsel does not extend to habeas corpus. Unfortunately, most inmates in Georgia represent themselves on their habeas petitions.
Habeas petitions have very specific procedural requirements and one wrong move can ruin your chances of success. An experienced lawyer like Ben knows the ins and outs of this procedure and will ensure that the merits of your case are heard by the habeas court.
Ben has represented people throughout Georgia in habeas corpus proceedings. As this is often a person's last chance to overturn their conviction or sentence, he knows how important a thorough review of the case's history is in order to uncover appellate issues that may have been missed by the previous lawyers. Call a Georgia Habeas Corpus Lawyer today for a free consultation at 404-985-9772, or send him a message here.