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Miami Habeas Corpus Attorney

A writ of habeas corpus is a legal action taken by a prisoner who is demanding to be released from unlawful custody. If you had ineffective counsel during your trial, have an excessive bond or are otherwise illegally detained, habeas corpus can provide the means to get you out of jail.

Experienced Criminal Defense Representation

Attorney Clayton R. Kaeiser has helped countless clients draft writs of habeas corpus. For more than 28 years, he has represented clients in criminal cases, criminal appeals and with post-conviction remedies throughout Florida and around the United States. For help with your writ of habeas corpus at the state or federal level from a Miami habeas corpus lawyer, e-mail us or call 877-596-5602.

Types of Habeas Corpus at the State Level

Miami habeas corpus lawyer Clayton R. Kaeiser assists clients with all types of habeas corpus writs, which can arise in a variety of situations, including:

  • Ineffective assistance of counsel: In state court, you can file a writ of habeas corpus showing that there was a fundamental error in your appeal due to ineffective appellate counsel. For example, there might be a fundamental error if your attorney missed a major issue in your case, which caused the appellate court to affirm your conviction. This writ must be filed within two years of the final mandate in your case. Attorney Kaeiser can help you review your case and determine the best time to strategically file this writ, whether during post-conviction motions or on appeal.
  • New evidence: After the time limits have expired in your post-conviction motions or appeals, a writ of habeas corpus is the only way to raise new evidence in your case. If there is new DNA evidence that exonerates you or other new evidence that shows your innocence, attorney Kaeiser can help you draft a writ of habeas corpus.
  • Motion on bonds: Every prisoner has a right to a reasonable bond. While this does not mean you will be released simply because you cannot afford bond, a writ of habeas corpus can release you if your bond is excessive or unreasonable given the facts in your case. Miami habeas corpus lawyer Kaeiser can help you fight your bond and work to get you out of jail.

Federal Writs of Habeas Corpus

There are two types of writs of habeas corpus at the federal level. The first is a remedy provided to state prisoners after they have exhausted all of their state remedies. The writ must concern an issue of constitutional law that was not fully adjudicated in state court or is contrary to federal law.

The other federal writ of habeas corpus is for federal prisoners and acts like a post-conviction motion. The writ must concern an issue not raised before, and you must show the reason it was not raised and that it was prejudicial not to have raised the issue at trial. For example, if you had ineffective counsel who missed a major issue in your federal criminal trial, this would be a way to appeal that error.

Contact a Florida Unlawful Detention Lawyer

Florida unlawful detention attorney Clayton R. Kaeiser can help you draft a compelling and thorough writ of habeas corpus at the state or federal level. Please e-mail us or call 877-596-5602 to learn more about our appellate services from an experienced Miami habeas corpus lawyer.

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