Indio Writ of Habeas Corpus Attorney
Years of Experience Serving the Palm Desert
A writ of habeas corpus is a court order to "produce the body" and is generally filed by those who are in custody, whether actual custody or under constructive custody. Everyone has the right to challenge illegal imprisonment or inhumane prison conditions. Like all writs, however, courts will insist on clear and convincing evidence in support of a writ of habeas corpus and don't issue them frequently. If you need help with your case, call the Law Offices of Anastacio De La Cruz for more information.
A great number of mistakes or "reversible errors" occur during criminal plea agreements and at criminal sentencing hearings. A criminal defense attorney can review the transcript of these proceedings to find judicial errors could overturn the case on appeal after filing a writ of habeas corpus. If you are still under actual or constructive custody (including probation) and need immediate post conviction relief, it is important to hire an attorney to help determine whether pursuing a Petition for Writ of Habeas Corpus suits your case and stated goals.
True Example of Successful Petition for Writ of Habeas Corpus
In 2014, Ms. Yellow, a long time Legal Permanent Resident, was advised by her private counsel to plead guilty to a misdemeanor charge of fraud. Defense counsel for Ms. Yellow incorrectly assumed that for immigration purposes, a misdemeanor would not result in any adverse consequences for the Ms. Yellow.
When Ms. Yellow began the process of renewing her Legal Permanent Resident card, her immigration attorney made her aware that the criminal defense attorney’s analysis was deeply flawed, and she now faced mandatory deportation due to the crime being considered an aggravated felony.
The Law Offices of Anastacio De La Cruz was hired to vacate the conviction, and after reviewing the original client file as well as the relevant law, filed a petition for writ of habeas corpus, alleging that Ms. Yellow had her constitutional right to effective assistance violated.
After 2 years of litigating the merits of the case, the conviction was vacated when the presiding judge found that trial counsel for Ms. Yellow had been ineffective. The judgment was vacated and the plea was withdrawn. Ms. Yellow was able to replead with the help of the Law Offices of Anastacio De La Cruz to an immigration neutral plea, and she continues to live with lawful immigration legal status in the United States with her family.
Learn more by calling (760) 610-0606.
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