Post Conviction Relief in New Mexico

The justice system is far from perfect, and innocent people are convicted every day. If you’ve been wrongfully convicted or imprisoned, reach out to our criminal appeals and post-conviction relief lawyers. We’ll look at your case. If we find a mistake, we’ll explain how to get relief.

Why We’re the Right Firm for You

We take on the cases no one else will touch.

After a conviction, it can feel like there are no more chances. But that isn’t always true. You may have grounds to file an appeal or pursue another form of post-conviction relief. Don’t let the chance pass you by. Talk with our experienced criminal defense lawyers at Harrison & Hart, LLC.

We Review Your Case

When you come to us for help, we dive into your case record. We look at what happened at trial and on appeal. Did a judge make a mistake? Did your previous defense attorney miss something? We look for any grounds possible to pursue relief from your imprisonment.

We Explain the Law & Your Options

We offer you the truth. At this point in your case, your options may be limited. But you can trust us to explain all your choices, the pros and cons of each, and your likelihood of success.

We’re Fierce Advocates

If you have grounds for post-conviction relief, you can depend on us to craft you a strong argument. We’re skilled writers and litigators. Whether we argue for your relief in a written brief or oral arguments, you can depend on us.

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Your Options for Post-Conviction Relief in New Mexico

We fight for what’s right and fair.

New Mexico offers a few options for relief after a conviction:

  • Motion to correct an illegal sentence
  • Motion to correct sentence imposed in an illegal manner
  • Motion to reduce sentence
  • Motion for relief from judgment
  • Relief based on post-conviction DNA testing

To win one of these motions and get a new sentence or trial, you need a good reason. We’ll explain the grounds and evidence you need to win post conviction relief.

Talk with us about whether any of these apply to your case. If we have a good reason to file one of these motions, we’ll explain what to expect, including whether you’ll need to attend a hearing.

What is Habeas Corpus Law

Demand relief from an unlawful conviction or sentence.

You have an option other than appealing if you’re currently imprisoned after a conviction. You can ask the court for a writ of habeas corpus. We know that’s a mouthful—let us explain.

Habeas corpus is a fundamental right in the U.S., and it protects you from being wrongfully imprisoned.
“Habeas corpus” is Latin for “that you have the body,” or “show me the body.” It means that the government, whether the federal government or New Mexico, has you in custody.

A writ is a formal legal order. You’re asking the court to require the government bring you before it. Specifically, if the court grants you a writ of habeas corpus, it commands the prison to bring you to court, though this might all be done through written documents. The purpose is for the court to decide if your imprisonment is legal or not.

When you bring a habeas corpus claim, you’re attacking your conviction or sentence. You must have proof regarding why the conviction or sentence is wrong.

Asking for a writ of habeas corpus isn’t easy. It’s a legal process that an experienced lawyer should handle. At Harrison & Hart, LLC, we’ve tackled complex habeas corpus actions in state and federal courts.

The Difference Between an Appeal & Habeas Corpus

When you appeal your case, the appellate court reviews what happened at trial. You don’t get a new trial or to present new evidence. That’s because the appellate court’s job is only to correct any legal mistakes that happened earlier.

During a habeas corpus petition, you can present new evidence. You also can address other issues, like the violation of your constitutional rights or a recent change in the law, that weren’t part of your trial record.

What you can bring up during a habeas corpus case is limited, but it offers a different option than an appeal.

When to File a Petition for a Writ of Habeas Corpus

Most often, you’ll pursue habeas corpus when you’ve run out of appeals. It’s important to talk with a post conviction attorney in New Mexico about your options. It’s important to follow certain procedures and exhaust other options first.

Filing in State or Federal Court

It’s essential that you file for relief in the correct jurisdiction. Depending on the type of relief you’re asking for and under what law, you might file in state or federal court. You can file a federal case for habeas corpus if the state imprisoned you, but your options are limited.

There are different rules and procedures in New Mexico and federal courts. You’ll need a lawyer experienced in the right jurisdiction. At Harrison & Hart, LLC, we can represent you in federal court, all the way up to the U.S. Supreme Court if necessary, as well as New Mexico courts.

Filing Deadlines in New Mexico

How long you have to ask for a writ of habeas corpus depends on a few factors. If you’re facing the death penalty in New Mexico, you have 180 days after obtaining a post-conviction lawyer. If yours is a non-capital case, there is no deadline. You can ask for a writ of habeas corpus any time under New Mexico law.

In federal court, you usually have a year to ask for a writ of habeas corpus. That’s why it’s important to hire a post-conviction relief lawyer as soon as possible. If your appeals didn’t work, you need to get started on the next option right away.

Possible Results of a Habeas Corpus Petition

If you succeed in your habeas corpus claim, the court can set your conviction aside.

If the court reverses the conviction, you’ll go back to the trial court. You’ll most likely have to prepare for a new trial. It’s important to work with an attorney who can carry you through this process and what comes next. Winning this appeal isn’t the end of the road. You’ll need an experienced and aggressive law firm to continue defending you against criminal charges.

Harrison & Hart, LLC Is Ready to Fight for You

Most law firms don’t handle post-conviction relief and habeas corpus cases. It’s a complex area of law, and these cases are tough to win. But we’ve never backed down from a challenge, and we don’t intend to start now. With the help of a post conviction lawyer from Harrison & Hart you can get the relief you deserve.

Use our online form or call (505) 295-3261 to contact us about post-conviction relief in New Mexico.

The Right Firm For Your Case

We’re ready to help you get your life back on track.

From our office in Albuquerque, Harrison & Hart, LLC serves clients throughout New Mexico. We are focused on getting you the best outcome possible in the harshest of situations.

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