Writ of Habeas Corpus
Experienced Post-Conviction Claims and Federal Habeas Corpus Lawyers
The attorneys at Grabel & Associates are premier trial and appellate lawyers. We are experienced in all aspects of post-conviction claims including federal habeas corpus cases and motions for relief from judgment, also known as "6.500 Motions."
It is not uncommon for defendants to hire a new lawyer after a trial, and there is a good reason for that: trial law and appellate law require different skill sets. If you have been convicted of a crime and want to know more about post-conviction options available to you, call the law offices of Grabel & Associates today for a free initial consultation. There is a very strict statute of limitations on filing appeals, motions, and petitions so the sooner you call, the more time there is to prepare a strong claim on your behalf.
Email our law offices, or call toll-free, 1-800-342-7896 today.
What is a Writ?
A writ is "A form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way." (7)
What is a Petition for Writ of Habeas Corpus?
A petition for writ of habeas corpus (also known as a "2255 petition") is a request on behalf of someone held in detention or a prisoner for a judge to order prison officials to bring an inmate to court for the purpose of determining if the person has been lawfully incarcerated. The writ of habeas corpus is a constitutional right—protection against false imprisonment—that was provided to ensure that people could not be thrown into jail on the whims of a judge, court, or law enforcement.
The petition for writ of habeas corpus must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences.
Other purposes for filing a petition for habeas corpus include:
- If a trial court has denied a parent custody of their child;
- If a judge has declared someone in contempt of court with the threat of being sent to jail.
Writ of Habeas Corpus Following a Guilty Plea in Federal Court
There are many legal tools available to a defendant before, during and after a trial that may help the defendant obtain a better outcome. However, when a defendant's guilty plea is accepted, the defendant may forfeit certain rights, including the right to appeal.
It is easier to obtain a plea withdrawal when a defendant motions to change a plea after a conviction but before sentencing, however, there are legal remedies to withdraw or change a plea after sentencing as well.
If you are withdrawing a guilty plea in a federal court, especially after sentencing, the procedures are far more complex and must be done by filing a petition for federal writ of habeas corpus (also called a “2255 petition”).