A habeas corpus proceeding is a procedure for challenging the legality of a person's restraint or detention. Our criminal appeals lawyers can help you file a successful habeas petition to challenge a wrongful conviction or unjust sentence from any Georgia court.Georgia is one of a few states that will not appoint an attorney for a habeas corpus proceeding because technically it's a civil proceeding. If you wish to start a civil action in federal court, but do not have an attorney to represent you, you may bring your case on your own. Writ of habeas corpus is never a substitute for a review to correct mere errors of law; it is an available remedy to attack a void judgment. If you want to submit any legal arguments, you must submit them in a separate memorandum. Affidavits or depositions may be used at habeas hearing as primary evidence even though witnesses' presence may not be required. If you believe that you are eligible to pursue a Writ of Habeas Corpus, you should speak with an experienced appellate law attorney like Brandon Bullard. Both state and federal courts will hear habeas corpus cases. If the person who is the subject of a petition for the writ of habeas corpus is detained upon a criminal charge and the district attorney is in the county,.
