This is the first post in a series which will discuss filing for post-conviction relief in Little Rock, Arkansas. We are writing on this topic due to the fact that issues surrounding post-conviction requests (which is also referred to as requesting a writ of habeas corpus) often create a great deal of confusion. It is important for those who have been convicted of an offense to understand that they have a limited amount of time in which they can request such relief and that the request can only be made under certain circumstances. One point we cannot stress enough is that you should contact a criminal defense attorney if you believe you wish to file a request.
We will be discussing a number of topics over our coming articles. Issues we will look at include:
- The difference between post-conviction relief and an appeal
- Claiming ineffective assistance of counsel claims
- Filing for habeas corpus due to a change in the law
- The process of filing for relief
These are important discussion points for multiple reasons. First, many are are under misunderstandings when it comes to which claims can be raised on appeal and which must be part of a habeas corpus request. Second, ineffective assistance of counsel is commonly claimed by defendants but is seldom granted by Courts. Understanding what is, and what is not, a legitimate ineffective assistance claim is important. Third, there are instances in which a defendant may file for a writ of habeas corpus when there has been a change in the law. Finally, knowing what to expect from the process will help one to be better prepared as matters move forward.
One point we cannot stress enough is that you should contact an experienced lawyer if you or a loved one wish to file post-conviction relief. This is a complicated area of law and many Arkansas lawyers do not handle such matters. Retaining counsel who is experienced in such matters, and who is familiar with our local court system, will assist you in properly bringing a request.
Contact our Little Rock post conviction attorneys to schedule an initial consultation. Patrick Benca and the rest of our firm have more than twenty-five years of combined legal experience and pride themselves on the results they have achieved for clients. We understand that you are facing a serious situation and we will take it seriously. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of the state.