Federal Habeas Corpus

A person convicted in either state court or federal court can bring a habeas corpus action in federal court. A person convicted in state court can bring the motion pursuant to 28 U.S.C. § 2254, but only after he or she has raised the same issues in state court. A person convicted in federal court can bring the motion pursuant to 28 U.S.C. § 2255. Keep in mind, however, there are strict deadlines for bringing these motions.

Many criminal lawyers do not have any experience representing clients in federal habeas corpus proceedings”. As a result, these inexperienced lawyers often wait until it is too late to file the motion or they take the client’s money even though the client has no realistic chance of wining habeas relief. On the other hand, Broden & Mickelsen handles many habeas corpus cases per year per year. Indeed, the firm is currently working on several habeas corpus cases for inmates sentenced to death in state courts. The firm has been retained to represent defendants in motions under 28 U.S.C. § 2255 in non-death penalty cases throughout the nation including defendants convicted in federal courts in Texas, Louisiana, Iowa, Indiana and Georgia.

More important, Broden & Mickelsen believes in being fair with its clients. We normally will charge a modest fee in order to evaluate the merits of a habeas claim since there are only limited grounds for relief in such proceedings. For that fee, we will review the case and conduct whatever investigation and research is necessary. We will also travel to meet with incarcerated inmates. At that point, we will prepare a detailed report analyzing our findings. Often we will truthfully tell a client that a habeas motion will not be successful thereby saving the client, and often the client’s family, a significant amount of money. At the same time, we will be aggressive in finding ways that might support an attack on the conviction and, if after consulting with the client, they wish to go further, we will charge a reasonable fee to complete the habeas motion and represent the client in federal court.

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If you have been wrongly convicted of a federal crime, contact us for a free consultation.
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