If you have been convicted and/or imprisoned for violating state law, it is possible that your arrest, trial, or sentencing themselves violated Federal law. Once you have exhausted your rights of appeal at the state level, you may be able to file a 2254 Writ of Habeas Corpus. Habeas Corpus proceedings review the process of the case or trial itself, rather than the substance of the case against you.
If successful, a Habeas Corpus petition subjects the results of your state trial or case to review at the Federal level. A Federal court will review the procedures and outcome of the state trial, and a finding of improper procedure can overturn the results of the trial. Examples of improper procedure may include incompetent or ineffective defense work by an attorney, concealment of evidence by prosecution, corruption of the jury, or bias on the part of a judge.
If you’re hoping for a successful habeas corpus review of your state-level conviction, it’s important to retain a lawyer with experience at the Federal level. Tim Bower Rodriguez has more than a decade of experience in Federal courtrooms, and has successfully pursued habeas corpus reversals of serious criminal convictions.