Is Habeas the Right Option?
Habeas corpus acts as a check on the power of the state. It allows a prisoner to challenge the legality of their detention even after a direct appeal is finished. This is often the stage where claims of “ineffective assistance of counsel” or newly discovered evidence are raised.
Georgia Habeas Corpus
For convictions in Georgia state courts.
State Relief
Federal Habeas Corpus
For federal convictions (2255) or state convictions in federal court (2254).
Federal ReliefOther Post-Conviction Remedies
Beyond traditional habeas corpus, other mechanisms may exist to clear your record or modify an existing sentence. These remedies often have specific eligibility requirements.
Sentence Modification
Options for modifying or reducing a sentence after conviction.
Learn MoreRecord Restriction
Information on clearing your record and expungement eligibility.
Learn MoreWhat Post-Conviction Relief Can Address
Post-conviction relief is not a “second appeal.” It generally focuses on serious legal or constitutional problems that render a conviction or sentence unlawful.
Common Claims
- Ineffective Assistance of Counsel
- Constitutional Violations (Due Process, Right to Counsel)
- Unlawful Sentences
- Newly Discovered Evidence (in limited circumstances)
What It Cannot Do
Habeas is typically not a chance to relitigate every issue from trial. Many potential arguments may be limited by what was raised (or could have been raised) earlier, whether a claim was preserved, and the constraints of the existing record.