Reversing Federal Convictions through Writs of Habeas Corpus: What You Should Know
Drug conspiracy. Racketeer Influenced and Corrupt Organizations (RICO) charges. Crimes allegedly committed on federal land. Few things in life are more serious than a federal conviction. If you or a loved one was just found guilty at a federal trial or signed an unfavorable plea deal in federal court, it can be easy to slip into despair.
However, the fight doesn’t have to end. If the criminal conviction seems unjust or wrongful, there are two legal avenues to challenge it: a federal appeal or a 2255 federal writ of habeas corpus. While most people are familiar with the term “appeal,” few know about writs of habeas corpus. This is especially so for federal matters.
In this article, the appellate criminal defense firm, Chris Perri Law, will explain what you need to know about the 2255 federal writ of habeas corpus option. If someone you care about was wrongfully convicted in federal court, then a writ might offer the best chance to rectify this egregious wrong. Chris Perri Law can help today.
What exactly is a 2255 federal writ of habeas corpus?
Similar yet different from federal appeals, 2255 federal writs of habeas corpus are a post-conviction relief option aimed at reversing wrongful trial convictions or overturning unfair plea deals in federal cases. The number “2255” refers to the part of the U.S. penal code that references the rules surrounding this type of writ. Read the code here.
A 2255 federal writ differs from a 2254 federal writ. While both are federal writs of habeas corpus, 2255 writs aim to overturn federal convictions. 2254 writs, on the other hand, are last-ditch efforts to raise unsuccessful state writ claims in federal court. For the purposes of this article, “federal writ” will only refer to the 2255 option. It’s also worth noting that state courts have their own writ of habeas corpus processes with particular rules and expectations.
Put simply: if the United States government – not a state government – convicted you of a crime and you now want to try to reverse the outcome, beyond an appeal, then a 2255 writ is likely the choice for you.
When is a federal writ of habeas corpus the best course of action?
Appeals vs. writs
As mentioned previously, appeals and writs are the two legal avenues to overturn federal criminal convictions. An appeal is typically appropriate if all of the following is true:
There was a trial as opposed to a plea negotiation
The trial happened very recently (more on appellate deadlines here)
The judge potentially made ruling errors during the trial
A writ of habeas corpus is often available to those who cannot pursue an appeal, such as if the defendant:
Pled guilty and signed away their rights to appeal
Lost their federal appeal but wants to continue fighting the conviction
Missed the appeal deadline but can still meet the writ deadline (more on that below)
Claims of new evidence
If a defendant has new evidence they’d like the courts to consider, then a writ of habeas corpus is likely the best option, regardless of one’s appeal eligibility, because appeals only focus on trial errors.
Examples of new evidence worth bringing forth on a federal writ might include claims of:
Actual innocence, such as new DNA testing
Ineffective assistance of counsel – essentially arguing that your trial attorney did an unconstitutionally bad job
Prosecutorial misconduct or withheld evidence, which is called a Brady violation
Jury misconduct
Learn more about how appeals and writs compare.
Who is eligible for a 2255 federal writ?
In addition to having a federal conviction on one’s record, the U.S. penal code states that to be eligible to file a federal writ of habeas corpus, a person must be “in custody,” which includes:
Incarcerated in prison
Incarcerated in jail
On probation
On supervised release (what federal courts call “parole”)
Federal law only allows those who are somehow “in custody” to pursue a writ of habeas corpus. This differs from Texas state law and the rules regarding state writs. However, a person only has to be “in custody” at the time of the filing of the writ. While the courts consider your arguments, it is okay if you are released from prison or probation – you will still be eligible to have your conviction overturned if the courts side with you.
Are there time constraints to filing a federal writ of habeas corpus?
Yes, 2255 federal writs have strict deadlines. A person can only file a federal writ of habeas corpus within one year of the following:
The date on which the conviction becomes final (such as the sentencing hearing or the date of the appeal’s final outcome)
The date of when brand new evidence has become available that couldn’t have possibly been known previously
The date on which the U.S. Supreme Court has created a new law that impacts the case, and they have stated that the new law should be applied retroactively
The date on which an unconstitutional impediment was created by the U.S. Government preventing you from filing the writ was removed
My loved one was wrongfully convicted in federal court and we want to fight it. What is the next step?
If you or someone you care about was wrongfully or too harshly convicted in federal court, we at Chris Perri Law are here to help. Chris Perri is a seasoned attorney with extensive experience helping people overturn wrongful convictions across Texas. Unlike most criminal defense lawyers, Chris Perri is licensed at both the federal and state level.
To schedule a free case consultation with Chris Perri Law, call us at (512)269-0260 or visit www.chrisperrilaw.com today. Together we can walk you through the post-conviction relief options available and develop a strategic plan tailored to your unique case that has the best chance of success.