The writ of habeas corpus in Virginia requires a probable cause standard of proof. These instructions and forms are provided to those who seek to petition the Supreme.To use this form, you must be a person who is or will be serving a sentence under a judgment against you in a state court. A habeas corpus petition attacking a criminal conviction or sentence shall be filed within two years from the date of final judgment in the trial court. Federal prisoners in US Marshals custody may lawfully be transferred to the custody of a state or local government pursuant to a state writ of ad prosequendum. Habeas corpus is perhaps the most critical writ available to prisoners for challenging criminal convictions and sentences in state and federal courts. Though subject to different rules, incarcerated people in both state or federal custody may petition for a federal writ of habeas corpus. What Is Habeas Corpus? PETITION for a writ of habeas corpus. The facts are stated in the opinion of the court.