Can I file a post-conviction habeas corpus form if I’m not currently incarcerated?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption