Even after exhausting all appeal efforts, there are still ways for you to challenge wrong convictions or bad trials when serving time. Habeas petitions are the final chance you have to right these wrongs. While habeas petitions fall under the umbrella of post-conviction relief, they are unique.

Filing state post-conviction relief petitions comes before habeas petitions but after direct appeals are done. There are various grounds to file a petition under Pennsylvania’s Post-Conviction Relief Act (PCRA), including new evidence coming to light that could prove your innocence. If your PCRA petition fails and you have grounds, you can then file a habeas petition in federal court. Constitutional violations, ineffective counsel, and unconstitutional confinement are just some of the most common grounds for habeas petitions. Though different, habeas petitions and PCRA petitions can yield similar results for defendants, like getting them new trials with the new evidence included.

For help with your case from the Liberty Law Team, call our Philadelphia criminal defense lawyers today at (215) 826-3314.

Are Post-Conviction Relief and Habeas Corpus the Same?

On the whole, post-conviction relief covers the different ways defendants can challenge previous criminal convictions after they’ve tried and failed at direct appeals. Habeas corpus is just one type of post-conviction relief. It doesn’t suit all situations, nor is it always an option.

Habeas Corpus vs. PCRA

Post-conviction relief proceedings can let you challenge your conviction or sentence after direct appeals fail. More specifically, habeas corpus lets you challenge your unlawful detention in state or federal custody before or after conviction. While you can use habeas petitions to get relief from an unfair trial, that can only come after you exhaust other options, including state post-conviction relief proceedings.

States have statutes outlining post-conviction relief requirements and remedies, as Pennsylvania does with its Post-Conviction Relief Act. Disagreeing with your sentence or judgment isn’t necessarily grounds to for a PCRA. Our Bucks County, PA criminal defense lawyers must show you qualify based on issues during your original trial or new exculpatory evidence that has just come to light.

Suppose all post-conviction relief efforts in Pennsylvania fail. In that case, you can file a habeas petition as a final chance to address the core issue with your conviction, sentence, or confinement.

Remedies for Habeas Petitions and PCRA Petitions

State post-conviction relief remedies and habeas petitions are not the same, but they do have similar outcomes if successful. Filing a PCRA petition could get you a new trial and lead to your release until that time, as could a habeas petition. Habeas petitions are also used in other circumstances, however, for immediate release or transfer from illegal detention.

What Are the Grounds for Post-Conviction Relief?

The different grounds for PCRA petitions in Pennsylvania are listed under 42 Pa.C.S. § 9543(a). Our attorneys can review your case to see if you qualify right away, whether because new evidence was discovered or your previous counsel was ineffective.

Ineffective Assistance of Counsel

Defendants whose previous attorneys were ineffective may have suffered because of that during their criminal trials. When ineffective counsel undermines the “truth-determining process,” it is grounds for filing a PCRA petition.

Induced Guilty Pleas

Unlawfully inducing guilty pleas from defendants is also grounds for filing a PCRA in Pennsylvania. Coercing or threatening defendants into accepting guilty pleas despite their innocence could lead to unfair prison sentences.

Obstruction of Your Right to Appeal

Government officials interfering with your right to appeal, making you miss deadlines to do so, could also make you eligible for post-conviction relief. We can raise the issues we would have done during a direct appeal, like evidence being used against you that should not have been introduced.

Newly Available Exculpatory Evidence

Suppose new exculpatory evidence becomes available that could prove your innocence. In that case, you will qualify for post-conviction relief, even after exhausting opportunities for direct appeals. Whether it was previously withheld by the prosecution or just discovered, this new evidence, like DNA, opens the door to post-conviction relief remedies.

Constitutional Violations

The same is true for state or federal constitutional violations that compromised the original trial. Withholding exculpatory evidence is also a violation of your 14th Amendment right to due process, as held by the Supreme Court in Brady v. Maryland. This and other constitutional violations make you eligible for post-conviction relief, even if you have exhausted your appeals.

Unlawful Prison Sentences

Suppose you are currently serving an unlawfully long or excessive prison sentence. In that case, you will qualify for post-conviction relief in Pennsylvania.

Lack of Jurisdiction

Finally, defendants can seek post-conviction relief if the court overseeing their original trial lacked jurisdiction in the case.

What Are the Grounds for Habeas Petitions?

Suppose you appeal a criminal conviction or file a petition seeking post-conviction relief, and neither go in your favor. Habeas petitions filed in federal court might be the solution. Federal judges can grant relief to defendants when state courts ignore or unreasonably apply federal law or ignore the facts of a case.

The most notable grounds for habeas petitions are constitutional rights violations. These and other grounds are similar to the grounds for filing a PCRA in Pennsylvania.

Also, like PCRA petitions, we can file habeas petitions if new exculpatory evidence comes to light. Habeas petitions most notably address unconstitutional confinement but can be used to address other issues with criminal trials ending in wrongful or illegal convictions.

Remember, you can only file a habeas petition in federal court if you have already filed all possible direct appeals and PCRA petitions.

Habeas petitions can also come in handy when deadlines to file appeals have passed for criminal cases. Unlike PCRA petitions, which must be filed within a year of your case’s outcome or the discovery of new exculpatory evidence, there’s no deadline for filing habeas petitions. That said, staying on top of your case is a priority, and other restrictions make habeas petitions quite limited.

Call Our Attorneys for Help with Your Case Today

Have the Liberty Law Team review your case for free when you call our Montgomery County criminal defense lawyers today at (215) 826-3314.