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Frequently Asked
Questions

What is post conviction relief?

There are a few different types of appeals after a conviction. This is known as post conviction relief. There are many options after a conviction including a direct appeal, post conviction habeas corpus, and search for newly discovered evidence.

2

What is post conviction habeas corpus relief?

Post conviction habeas corpus relief is a type of appeal that goes back to the trial court that heard your case. In this step other errors are addressed which are not available to be addressed on direct appeal.

3

Can I file my own habeas corpus appeal?

It is possible for an individual to handle their own habeas corpus appeal, but it is not recommended. The procedure contains many complicated rules which cannot be effectively navigated without an attorney. If you try to do it yourself, you can easily file something which will harm your case permanently. 

habeas corpus west virginia jason t gain attorney expert

The Habeas Corpus secures every man here, alien or citizen, against everything which is not law, whatever shape it may assume.

Thomas Jefferson

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