McDonough Habeas Corpus Attorneys
Fighting For Your Constitutional Rights In Georgia
Habeas corpus petitions are generally filed after the appellate court affirms a conviction in a direct appeal. Although many people choose to represent themselves, it is important to have an experienced attorney handle the process for you. At Miller & Key, our McDonough habeas corpus lawyers represent clients in Georgia in post-conviction hearings.
Understanding Habeas Corpus
A habeas corpus petition is a civil proceeding that challenges the constitutionality of your incarceration. The process is even more limited than the appeals process, and habeas corpus petitions are limited to constitutional issues. Our habeas corpus attorneys in McDonough can evaluate your situation to determine if you have grounds for habeas corpus relief.
Grounds for habeas corpus relief may include:
- Prosecutorial misconduct
- Ineffective trial counsel
- Ineffective appellate counsel
- Faulty jury instructions
- Defective indictment
- Double jeopardy
- Unconstitutional statues
- Illegal search and seizure
- Speedy trial violations
There are strict deadlines for habeas corpus petitions and you will lose the opportunity to file a petition if you miss the deadline. The clock begins when the direct appeal is denied. Georgia law allows four years to file a habeas corpus petition, but federal petitions must be filed within one year.
Habeas Corpus Relief
Habeas corpus is often a defendant’s last chance to have a conviction overturned, so the stakes couldn’t be higher. There are specific procedural requirements for habeas corpus petitions and making a mistake can have serious consequences. Our attorneys are well-versed in the procedures and have extensive knowledge of appellate law. We can review your case’s history to determine if you have grounds for habeas corpus and uncover potential issues that may have been missed.
Call 770-627-0790 to learn if you have grounds for habeas corpus relief.