Just because you were convicted of a crime and sentenced to imprisonment doesn’t mean you lose your constitutional rights. Larger law firms eagerly take cases but can make you feel like they’re too busy to properly represent you.
At the Sitterly Law Firm, Nick Sitterly is a habeas corpus attorney who can fight for your rights. We make sure that we fully understand your case, form effective strategies, and execute those strategies to give you the best chance possible to win or appeal your case.
Habeas corpus, in modern usage, is a lawsuit filed by prisoners or their families to fight false and indefinite imprisonment, imprisonment due to ineffective assistance of a prior attorney or counsel, and to alter the conditions of imprisonment.
A Habeas Corpus petition requests a “writ” from a court of law that requires government agencies to appear in court to address the nature of a prisoner’s imprisonment.
In essence, the accused has the right to know what they are being charged with, to challenge wrongful or unfair convictions, and to challenge unhygienic, uncomfortable, or otherwise harmful conditions of confinement under the Constitution of the United States.
For background, the US Constitution’s 14th Amendment requires that no citizen can be deprived of “life, liberty, or property, without due process of law.” Furthermore, Article I, Section 9, Clause 2 of the 14th Amendment states the following:
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
If a court finds that a person’s rights regarding imprisonment, confinement, detention, or arrest have been violated, the courts will demand a “relief” or release of custody under habeas corpus.
Contact Nick Sitterly, habeas corpus attorney, today if you or someone you know believes they have been falsely arrested or detained.
False imprisonment occurs when someone is arrested or detained without probable cause or due to malicious prosecution, as in a false accusation. The US Constitution requires that probable cause be based on enough legally obtained evidence that a reasonable police officer could believe a crime was committed.
If the evidence in your case was insufficient, you might be able to recover civil damages or a monetary judgment if you were subject to an unfair arrest or unjust imprisonment.
Acts of police misconduct include the following:
Sometimes, a person is coerced into confessing to a crime they didn’t commit. Police may plant drugs or evidence on you or the scene that isn’t yours. Worst yet, they might tamper with or mishandle evidence. There have also been instances where police officers lie on police reports.
Police misconduct acts frequently trigger media attention which can be invasive. Police spokespersons can give false, dishonest, or incomplete information to local or national news sources. A police misconduct attorney should assist you in navigating media attention and the other side effects of police misconduct or abuse.
Having the right habeas corpus attorney by your side can mean the difference between freedom and false imprisonment. They’ll help you to recover money due to your experience of police misconduct.
Sometimes, a person is coerced into confessing to a crime they didn’t commit. Police may plant drugs or evidence on you or the scene that isn’t yours. Worst yet, they might tamper with or mishandle evidence. There have also been instances where police officers lie on police reports.
Police misconduct acts frequently trigger media attention which can be invasive. Police spokespersons can give false, dishonest, or incomplete information to local or national news sources. A police misconduct attorney should assist you in navigating media attention and the other side effects of police misconduct or abuse.
Having the right habeas corpus attorney by your side can mean the difference between freedom and false imprisonment. They’ll help you to recover money due to your experience of police misconduct.
False accusations by other persons can include the following:
If you or someone you know has been a malicious prosecution victim, contact our habeas corpus attorney today!
Police misconduct attorneys are civil rights attorneys specializing in litigating law enforcement breaches of constitutional rights. These lawyers have the expertise and knowledge to navigate the complexities of proving that police misconduct resulted in constitutional violations and monetary damages.
The discovery process is ongoing from the time the complaint is filed until the passing of deadlines set by the court. Discovery includes requests and demands for information:
Your criminal defense attorney can assist you in understanding and responding effectively to these requests. Likewise, your attorney will use the discovery process to investigate your case effectively to gather evidence for presentation at trial.
Next, your attorney will begin strategizing with you about the possible courses of action to take and lawsuits to file. Once you both agree on how to proceed, your attorney begins collecting evidence and facts to draft a complaint.
Before a lawsuit is filed, our habeas corpus attorney will always have a consultation with you to discuss the incidents you are concerned about, the agencies, employers, or people involved, and how your rights were violated.
In some circumstances, a habeas corpus attorney may find it appropriate to reach a compromise with your opponent due to weaknesses in your case or their case. Settlements remove the uncertainty of trial and ensure a speedy resolution for both sides.
While nobody gets everything they want in a settlement, everybody gets something they want, and everybody can move forward with their lives.
This complaint includes a description of the story of your case, the facts you allege, and a request for damages or the compensation you seek. Defendants then answer that complaint and admit or deny your allegations.
Often, the defense will try to get the case dismissed before a trial begins by filing a motion to dismiss, a motion for summary judgment, or other similar pleadings. If the defense loses those motions, the case will move forward.
Nick Sitterly travels nationwide to teach other lawyers how to improve their skills through the National Institute for Trial Advocacy. Since 2012, he has helped state and federal attorneys learn more about every aspect of a trial to better advocate for their clients.
He has appeared in Courts across New Mexico:
Nick Sitterly has frequently handled high-profile media cases as well as private, personal disputes that must be kept low-profile and confidential.
The Sitterly Law Firm’s habeas corpus attorney prioritizes your needs by focusing on a few select cases at a time to ensure each client receives personalized attention and full representation.
At the Sitterly Law Firm, we believe everyone deserves to have their rights protected and fought for regarding prison abuse, police misconduct, malicious prosecution, and false imprisonment. That’s why we’ll use our knowledge and expertise to give you a fighting chance against illegal law enforcement and prison practices.
Contact our habeas corpus attorney today to schedule your consultation.
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