Can I file a post-conviction habeas corpus form if I’m not currently incarcerated?
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Can I file a post-conviction habeas corpus form if I’m not currently incarcerated?
Asked on January 16, 2016 under Criminal Law, West Virginia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Post conviction writs are not easy... but they are not impossible. Approximately three or four years ago, multiple immigrants made effective post conviction writ complaints on the basis that no one explained the ramifications of their pleas on their immigration status. As a result, their convictions were overturned and more judge now specifically admonish defendants on this issue. If you were not properly admonished, then consult with an appellate attorney to review your plea documents, court records, and notes to see if you would be eligible for a writ. To pursue a writ, you do not have to be in jail, you only have to show that you are still suffering a harm or limitation because of the original bad plea/conviction.
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