Habeas Corpus Lawyer
Strickland Webster LLC provides legal representation to those who have been unlawfully detained or imprisoned without due process. Call us today!
Limitations of Habeas Corpus Petitions
The U.S. Congress may impose limitations on habeas corpus petitions and others resulting from the state’s supreme court decisions. The US Constitution grants Congress the power to suspend the writ of habeas through an express delegation or affirmative actions.
Under the US Federal Prison Litigation Reform Act, incarcerated individuals must exhaust all administrative remedies before contesting a habeas corpus relief petition.
In addition, if the prisoner’s claims regard the conditions of confinement, like mistreatment by law enforcement officers while in detention and cruel prison policies, rather than constitutional violations, then they should file a civil rights claim instead of a habeas petition.
Congress imposes a one-year statute of limitations
What Is the Role of Your Attorney in a Habeas Corpus Petition?
The process of petitioning for habeas corpus is complicated, so it is important to contact an attorney. Your attorney can assist you in drafting and filing the petition, thereby helping you achieve notable results.
Depending on the facts of the case, the attorney can advise you on your chances of being granted a writ of habeas corpus. Additionally, your attorney will review your case and identify any necessary grounds for transferring the case to the supreme court if your petition is denied.
At Strickland Webster, L.L.C., we can help you with the procedure to petition for habeas corpus. Our attorney, Leigh Ann Webster, is ready to help you understand how the court process works and assist you in appealing your case.
Contact us today for help in your appeal.