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Avvo Rating, 10.0 Scott Grabel
Top 10, Attorney and Practice Magazine's, Criminal Defense Law Firm

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”).

Client Reviews

Scott Grabel was kind enough to look into my situation and take his time to speak with me free of charge. Most attorneys will not do that. He gave me reassurance that I had nothing to worry about. If I am ever in need of an attorney in the future I will be calling Scott Grabel and will highly recommend him to anyone with a legal issue. G. K.
Great job Tim, Scott, Daniel very aggressive and knowledgeable They always call you back if you have questions even after hours the best outcome I could've hoped for thanks again R. E.
Great lawyer he went into court and ripped the girl trying to lie on me a new one. He fot me off on all charges and with out him i would be in prision. Thank you so much i will definitely keep your number and pass it on to any one in trouble and keep it for future incase i ever have to go back to court K. J.