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. Under Virginia law, habeas corpus is a civil proceeding used to challenge and remedy due process violations.Habeas corpus is perhaps the most critical writ available to prisoners for challenging criminal convictions and sentences in state and federal courts. Habeas corpus is available to prisoners challenging their convictions and sentences. The writ of habeas corpus is a legal order requiring a person holding another person to produce that individual before a court or judge. United States law affords persons the right to petition the federal courts for a writ of habeas corpus. The Latin phrase habeas corpus translates to "you have the body. The accused is sitting in a Virginia prison. 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. 1.222 There Is No Right to a Jury Trial for an Evidentiary.