August 5, 2007 By Wallin & Klarich

Writ of Habeas Corpus

Many people who are found guilty after a jury trial feel that they were unfairly convicted. They often feel that their trial lawyer did not do a good job representing them. In some cases, a person who does not feel that he received adequate legal representation can be successful in winning a new trial.

The legal process that is followed in most of these situations is the bringing of a writ of habeas corpus. Usually a petition alleges that you received inadequate representation at your trial. One of the most common grounds cited by those who feel they were wrongfully convicted is that the lawyer was incompetent for failure to call certain witnesses to testify at trial.

In a recent case a defendant was found guilty after a jury trial for rape and related charges and was sentenced to 94 years in prison. He was found guilty in 1996. However, more than ten years after his conviction the court of appeals has recently reversed his conviction and has agreed with appellate counsel that his trial lawyer was incompetent.

In this recent case the court found that the trial lawyer’s representation was “deficient in failing to call available, credible witnesses whose testimony could have supported (the defendant’s) alibi and impeached the testimony of the prosecuting witness”. The appellate court called the defense lawyer’s representation “inadequate and inept”.

Many people call our law firm and ask if anything can be done after their loved one has been found guilty from a jury trial. In order to be able to provide you an answer on that critical issue, it is necessary to do a complete review of the trial transcripts, the police reports and to review the defense your loved one received. It is only at that point that we can advise you as to whether you have a valid claim that the trial lawyer in your particular case did not provide you or your loved one a competent legal defense.

It is very likely that in the recent case where the defendant had his 94 year sentence reversed that many lawyers told him or his family that there was nothing that could be done. However, he found the right lawyer who fought for him and finally in 2007 won him a new trial. If you were recently convicted of a crime and are interested in exploring what your options may be, feel free to contact Wallin and Klarich at 888-280-6839 for a confidential evaluation of your case. We have been helping people with these difficult legal matters for almost thirty years. We can make the difference between jail and freedom.

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