Habeas Corpus Lawyer In Virginia

Habeas corpus is a civil proceeding that challenges the legality of a person’s confinement. It allows a person in custody to argue that the conviction or sentence was obtained in violation of his or her constitutional rights. The process allows for the possibility of release after a direct appeal has failed. A habeas petition challenges the constitutionality of the proceedings that led to the conviction or sentence. The process begins with a petition, which in Virginia must generally be filed within two years of final judgment in the trial court or within one year of the conclusion of the direct appeal (Va. Code § 8.01-654(A)(2)). Federal petitions carry a separate one-year deadline.