Federal Writs of Habeas Corpus
What is Habeas Corpus? Habeas corpus is a legal
proceeding through which you can challenge a
final conviction. Habeas corpus can also used in
other situations, such as to challenge the
amount of bond. Sometimes it is also used in
contempt cases to challenge a contempt order.
However, the most common use is to attack final
convictions. Generally, habeas corpus is limited
to complaints involving the violation of
constitutional rights, or the jurisdiction of a
court to hear a case.
Habeas corpus cannot take the place of an
appeal, and therefore most issues must be raised
on direct appeal. There are also several reasons
for doing so. The most important one is that the
standard of review is more lenient on direct
appeal, than on habeas corpus. Relief can be
obtained on a direct appeal where there is an
error that contributes to a conviction or
sentence. In many cases, the burden is on the
state to prove the error was harmless. In habeas
corpus, the burden shifts to the defendant to
establish harm. The standard is different, in
that a defendant must show a substantial injury
which requires more than establishing the error
was harmless. Another reason is that more issues
can be raised on direct appeal than on habeas.
Claims involving statutory violations,
evidentiary rulings and procedural rulings
generally can be raised only on direct appeal.
Appellate attorney, Mr. Todd Melnik, is one of the
most sought after criminal defense lawyers when it
comes to filing Petitions for Writ of Habeas Corpus
and federal or state criminal appeals.
There are few lawyers who regularly handle writ
cases in state and federal court. This area of law
is extremely complex and requires someone who has
knowledge of both the procedure and the applicable
law, since many cases are dismissed on procedural
grounds without ever addressing the merits. Mr.
Melnik has knowledge for both.
Other lawyers are familiar with Mr. Melnik’s
reputations and they recommend him to other clients.
Mr. Melnik is dedicated to his clients and their
cases. He is thorough and skillful writ and
appellate attorney. He knows first-hand the hard
work it takes to really fight the client’s case.
Because of his exhaustive legal research and
talented writing skills, he has the ability to
accurately assess your specific case, determine
which procedure to follow, and recommend a course of
action that will bring the most beneficial results
for his clients.
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