A habeas corpus proceeding brought pursuant to 28 U.S.C. § 2255 constitutes a civil action against the government. First and foremost, defense counsel must bring these matters on behalf of only those individuals who are “in custody.” Classic grounds for a habeas corpus petitions include ineffective assistance of trial or appellate counsel, prosecutorial misconduct that affected a defendant’s substantial rights and violations of due process. Hence, a § 2255 habeas corpus motion represents the best legal avenue for individuals who have appellate claims but ones that are not necessarily tied to what took place on the record at a lower level hearing or trial. Rather, when issues arise concerning prosecutorial misconduct by way of a Brady violations, new evidence, witness recantations, or ineffective assistance of trial counsel, individuals should immediately hire a federal appeals attorney to bring these matters to the Court in an efficient, concise, and persuasive fashion.
If you are seeking relief pursuant to a habeas petition, you need an experienced federal attorney who is adept at identifying, locating, and isolating narrow issues that impacted your constitutional rights. This may require hiring a private investigator and uncovering new evidence or obtaining witness affidavits. Crafting these arguments are difficult but if handled correctly, may lead to your release and a new trial.
If you have been convicted following a federal guilty plea or trial, it is imperative that you hire intelligent, experienced counsel to review the record and investigate other avenues in order to show that your constitutional rights were unfairly infringed upon. Doing so could lead to a reversal of your conviction and sentence. At Jason Goldman Law, we can help you out with such charges. Contact us to learn more!