Category: Law

What Is Habeas Corpus?

 

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Habeas Corpus
Image: georgiapostconviction.com

Michael Kennedy McIntyre serves as an attorney with McIntyre & Associates, an Atlanta-based firm he founded in 1985. At the firm, Michael Kennedy McIntyre and his associates provide post-conviction representation for individuals who have been convicted of a felony in the State of Georgia. Mr. McIntyre and his team have experience helping clients with a variety of legal actions, including filing and litigating a state application for writ of habeas corpus. Habeas corpus petitions allege that an individual’s custody or incarceration is unconstitutional based upon what occurred prior to, or during, the individual’s trial or plea hearing. Habeas corpus is a complicated process with many possible claims that could lead to relief from convictions and sentences. The attorneys at McIntyre & Associates have decades of experience in identifying winning claims and litigating habeas corpus actions. They have the knowledge and the expertise to investigate, draft, and litigate habeas corpus actions in Georgia state courts. State habeas corpus relief can be sought by any individual imprisoned as a result of a sentence imposed by a Georgia court or by an individual who is not in physical custody but who is suffering from adverse collateral consequences (e.g., being on parole or probation) as a result of the individual’s conviction and/or sentence.

Sentence Reductions to Time Served

 

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Mcintyre & Associates
Image: georgiapostconviction.com

An established Atlanta-based law practice, Michael Kennedy McIntyre & Associates specializes in working with clients who have been convicted of a felony and are in need of post-conviction relief. Michael Kennedy McIntyre & Associates has worked with numerous clients to reduce the length of their sentences and, in some cases, has reduced their prison sentences to time served. In one case, a client had received a 10-year mandatory minimum sentence upon a conviction of statutory rape. However, the court was unaware of a new Georgia sentencing provision that allowed the court additional discretion in sentencing should certain conditions be met. The firm filed a Motion to Correct Void or Illegal Sentence to reduce the 10-year sentence, which the court granted. This resulted in the reduction of the client’s sentence to time served. Another case involved helping a client who had received a lengthy sentence to receive credit for the time already served before sentencing. This time had not been take into consideration upon sentencing. The firm remedied this situation, thus reducing the client’s prison term considerably.

Removal from the Sex Offender Registry in Georgia

 

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Michael Kennedy, Mcintyre & Associates
Image: georgiapostconviction.com

From its office in Atlanta, Georgia, Michael Kennedy McIntyre & Associates works exclusively in the field of post-conviction representation. The firm advises clients on parole-related issues, in addition to representing those who wish to become free from the restrictions placed on them as a result of prior convictions. Michael Kennedy McIntyre & Associates maintains in-depth knowledge of Georgia’s sex offender registry and the restrictions placed on offenders. In one of the firm’s cases, it worked with a client who was placed on Georgia’s sex offender registry, in addition to experiencing numerous other restrictions and requirements, as a result of a conviction in a different state. The firm filed a petition to remove the requirements placed on the client in the client’s county of residence, which was granted. The result of the action was complete removal of the restrictions and requirements placed on the client, in addition to removal of the client’s name from Georgia’s sex offender registry.

Successful Parole Petitions in Georgia Drug Cases

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McIntyre & Associates
Image: georgiapostconviction.com

Michael Kennedy McIntyre & Associates is a well-established Atlanta law practice that provides individuals with postconviction representation which assists them in being released from prison on parole. Among Michael Kennedy McIntyre & Associates’ successful results are cases involving drug convictions. In one case, a client was sentenced to two years of incarceration for the possession of methamphetamine. After the Parole Board initially denied parole, the client hired the firm to represent him. A request for the Parole Board to reconsider their decision involved the presentation of new relevant information and yielded a release on parole after service of 15 months, instead of 24 months. Another case involved a 10-year custodial sentence related to heroin possession with intent to distribute. The law firm represented the client at the initial parole consideration and achieved release after 41 months, or just over one-third of the custodial sentence. With these results in mind, it is important to note that each case is unique and results are never guaranteed.