What is Habeas Corpus? Can I file a petition for my case?

Habeas corpus petitions allege that an individual’s custody is unconstitutional based upon what occurred prior to, or during, the individual’s trial or plea hearing. Basically, when filing a petition for writ of habeas corpus, the petitioner is alleging that the petitioner’s Constitutional rights have been violated. Potential claims to be raised and litigated include claims of ineffective assistance of trial counsel and prosecutorial misconduct. However, habeas corpus is a complicated process with many possible claims that could lead to relief from convictions and sentences. Attorneys at McIntyre & Associates have decades of experience in identifying winning claims and litigating habeas corpus actions. We have the knowledge and the expertise to investigate, draft, and litigate habeas corpus actions in Georgia state courts and federal courts.

Since there is a statute of limitations for filing a petition for writ of habeas corpus (which means that there is a strict time limit in which the petition must be filed), it is imperative to consult with an attorney as soon as possible if you believe that a violation of Constitutional rights occurred at the trial level or on direct appeal. At McIntyre & Associates we have extensive experience in successfully litigating petitions for habeas corpus in the state of Georgia, including securing habeas corpus relief in death penalty cases.

Please browse the information on Georgia habeas corpus and federal habeas corpus litigation to learn more information about habeas corpus relief. Filing and litigating a habeas corpus petition is a complicated process, and a decision to file a petition for habeas corpus should not be considered lightly. With very few exceptions, you only have one chance to file a Georgia habeas corpus petition.

Contact McIntyre & Associates now to request that our experienced attorneys evaluate your case for potential claims to be raised in either a Georgia or federal habeas corpus petition.