Appealing a Sentence
Habeas Corpus
If standard appeals have run their course and are ineffective, and if you are currently imprisoned, your attorney may challenge the legality of your imprisonment more directly by filing a Petition for Habeas Corpus. This petition makes the claim that you are being held without just cause, and details the reasons for this claim. If the judge agrees that your imprisonment may be questionable, he/she will issue a Writ of Habeas Corpus mandating the prison guard to bring you back to court for a review of the terms of your imprisonment. If it can be shown you are being held illegally, you must be released.
In addition to these post-trial remedies, there may be other strategies and motions applicable to your case that your attorney may recommend if your sentence violates federal or state law. For more information, consult your attorney.