Areas-of-Practice

HARGETT LAW, PLC

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Petition for Writ of Habeas Corpus

Areas of Practice

Direct Appeals in Criminal Cases

Criminal Trials and Sentencing Hearings

The writ of habeas corpus is an extraordinary remedy designed to test the validity and legality of detention or incarceration. Habeas is not a substitute for a direct criminal appeal. Only claims of constitutional deprivations are cognizable on habeas. Habeas litigation is a highly specialized area of the law, and it can be extremely frustrating and time consuming. Nonetheless, it often represents the last chance a person has to request judicial review of their case.

David B. Hargett, Esq. strives to provide clients and their families high quality services personalized for their unique needs. Hargett Law offers free consulation on the following areas of practice.

Every criminal defendant convicted in the Circuit Court has a right to file a Petition for Appeal in both the Court of Appeals and the Supreme Court of Virginia. Success on appeal can come in the form of winning a new trial or new sentencing hearing, or, depending upon the case, even a complete dismissal of the charges.

For anyone awaiting trial, sentencing, appeal, or transfer to the Department of Corrections, this may be the most important time in your life. Whenever possible, you should learn your rights so you can, when appropriate, exercise your rights. Because each criminal case is unique, you likely will need to rely on your attorney to properly and timely assert your rights and represent your best interests.

Other Post-Conviction Remedies

In Virginia, it is difficult to get a convition and/or sentence overturned; however, some avenues are available, including: motions to modify sentence, withdraw a guilty plea, or grant a new trial; actual innocence petitions based on newly discovered evidence (either new DNA testing or new non-biological evidence); motions to vacate based on lack of jurisdiction; annual parole reviews; clemency petitions; and time computation disputes.

All Rights reserved. The information contained in this website is public information and is intended to provide interested parties with information regarding Hargett Law, PLC, as well as important issues in criminal law. It is not legal advice, and it does not create a lawyer-client relationship with David B. Hargett, Esquire, or Hargett Law, PLC. To be sure, legal proceedings can be very complex. It is advisable to seek the assistance of a knowledgeable attorney whenever possible. Although Hargett Law, PLC, attempts to provide accurate information in this website, the firm disclaims any liability for any errors or omissions. For instance, many laws change periodically, and it cannot be guaranteed that this website is always up to date.