If you believe that your rights were violated or the judicial process failed you or your loved one, pursuing relief through a Federal Habeas Corpus petition may be an option. This is more than just another appeal; it’s an assertion of your constitutional rights and a demand for justice where the system may have failed.
Navigating the federal court system may seem daunting, but our experienced attorneys are here to help. Our meticulous case review process ensures you’re aware of the strengths and weaknesses in your petition, allowing you to make informed decisions on what to do next.
There are strict filing deadlines for federal habeas corpus petitions. Contact us today to begin review and explore what options can be done to continue your fight.
Should we agree that a habeas corpus petition is a viable course of action, we are committed to fighting for you.
A § 2254 petition is a petition filed in federal court under 28 U.S.C. § 2254. In this petition, we ask a federal court to review your conviction from a state court.
In a § 2254 petition, we will argue to the federal court that your conviction violated the rights guaranteed to you by the United States Constitution or by federal law and that the State of Alabama didn’t protect your rights. For example, we will argue that you were denied your Sixth Amendment right to the effective representation by counsel at trial and that the Alabama courts failed to grant you relief when you were entitled to it.
We generally have one year from the date your conviction becomes final to file a § 2254 petition. If we discovered new evidence in your case or if the law suddenly changed in your favor, we would have one year from those dates in which we could file a § 2254 petition.
After we file our § 2254 petition, the government will have a chance to respond to the petition. If the court thinks we have presented an issue that needs further consideration, the court may order an evidentiary hearing on the questions we’ve presented. We will go back into court to present evidence, call witnesses, or do whatever is necessary to show the court that you are entitled to relief.
Yes. If the federal district court denies our § 2254 petition, we can appeal that denial to the appropriate federal circuit court of appeals.
A § 2255 petition is a petition filed in federal court under 28 U.S.C. § 2255. In this petition, we ask a federal court to review your conviction and consider claims that could not have been raised at trial or in your direct appeal to the federal circuit court of appeals.
In a § 2255 petition, we will argue to the federal court that your conviction violated the rights guaranteed to you by the United States Constitution or by federal law. The most common issue raised in a § 2255 petition involves claims of ineffective assistance of counsel. If your trial counsel did a terrible job representing you at trial, we would file a § 2255 petition and would explain to the court how your trial attorney did a terrible job and why this should entitle you to relief.
Also, if there’s newly-discovered evidence in your case, or if there has been a change in the law in your favor, we can file a § 2255 petition and explain to the court how this evidence shows that your conviction should be thrown out.
We generally have one year from the date your conviction becomes final to file a § 2255 petition. If we discovered new evidence in your case or if the law suddenly changed in your favor, we would have one year from those dates in which we could file a § 2255 petition.
After we file our § 2255 petition, the government will have a chance to respond to the petition. If the court thinks we have presented an issue that needs further consideration, the court may order an evidentiary hearing on the questions we’ve presented. We will go back into court to present evidence, call witnesses, or do whatever is necessary to show the court that you are entitled to relief.
Yes. If the federal district court denies our § 2255 petition, we can appeal that denial to the appropriate federal circuit court of appeals.
We are here to fight for you. Call us today so we can talk about your situation and explore your options.
