The habeas corpus petition is similar to a post-conviction petition filed under state law. However, a habeas corpus petitioner must exhaust all state options before filing a federal habeas corpus petition. This petition is available to both state and federal prisoners. In order for our appeal lawyer to file a habeas corpus petition in any state, including Illinois and Michigan, on behalf of a client who is a state prisoner, it must be established that the client’s conviction violates federal law or the U.S. Constitution.
To discuss your case with the legal team at Lewarchik Law LLC, email us or call us today at (312) 500-8115. We serve clients nationwide, and are ready to represent you.
"Our job at Lewarchik Law LLC is to relentlessly fight wrongful or inhumane imprisonment until justice, your inherent right as an American citizen, is secured.”
Known as “the Great Writ,” habeas corpus empowers citizens to seek help from the court and hold the government accountable for wrongful conviction or imprisonment.
The writ of habeas corpus was first established in the 1215 AD drafting of the Magna Carta, the British charter that would eventually inspire the United States Constitution.
The writ of habeas corpus is a court order which means, literally, “produce the body.” Appeal attorney David Lewarchik can file a habeas petition on behalf of a client who was denied certain constitutional rights in some way, warranting a habeas hearing.
Every citizen has the right to challenge illegal imprisonment or inhumane prison conditions. However, courts will insist on clear and convincing evidence in support of a writ, and do not issue writs frequently. Our job at Lewarchik Law LLC is to relentlessly fight wrongful imprisonment or conviction until justice, your inherent right as an American citizen, is secured.
“…No free man shall be taken or imprisoned or diseased or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land.” - The Magna Carta
Habeas Corpus: Relief for Federal and State Prisoners
Federal habeas corpus petitions are available to federal prisoners, as well as individuals in the custody of state prison; however, the petition must be filed in a federal district court and meet strict filing deadlines.
Additionally, federal prisoners must file their habeas corpus petition within one year of the following:
- Within one year of the conviction being finalized.
- Within one year of the date on which the law changes that provides a basis for habeas corpus relief.
- Within one year of the time when newly discovered facts forming the basis of a habeas corpus petition could have been reasonably discovered.
I Recommend Him Highly
“David’s writing and research skills are superior. I have the utmost confidence in his abilities and recommend him highly.”Justice Denise O’Malley (Ret.), Illinois First District Court of Appeals
The Best Lawyer I Ever Hired
“David Lewarchik is the best lawyer I ever hired. He is a great listener and communicator.”Michelle S.
He Leaves No Stone Unturned
“When I worked with David, it was clear that he leaves no stone unturned in terms of research, analysis, and strategy in all aspects of his practice.”Ethan Hayward, Sensata Technology Associate General Council
The writ of habeas corpus gives jailed suspects the right to ask an appellate court judge to be released, or to end improper jail conditions, thereby helping to ensure that U.S. citizens are not wrongfully imprisoned.
Attorney David Lewarchik is passionate about seeing justice served, and he wants to fight for your rights. If you or a loved one has been wrongly imprisoned or is experiencing inhumane prison conditions, contact us to speak with our team. We possess the determination and experience you need to help restore your dignity, reputation, and ultimately, your life.
We serve clients across entire the United States. You can reach us at our (312) 500-8115.