If you are convicted of a crime, we would file a habeas corpus petition with the district court - typically the California Superior Court. The three requirements we must meet for the court to issue a writ of habeas corpus are: 1) you must be “in custody,” which means you are either in state prison or county jail or out on parole, probation, bail, or released on your own recognizance; 2) we must have exhausted all possible remedies (such as appeals); and 3) the issues raised in the petition must be new or unique to those raised on appeal.