A habeas corpus lawyer reinvestigates the case, meeting with friends and family members and scouring the records for evidence of a mistake that could have changed the outcome of trial or sentencing. A seasoned lawyer can also find legal arguments that have a strong chance of succeeding in court.
Habeas corpus is often pursued after an individual has exhausted their appeal rights or all other forms of post-conviction relief have been denied. However, it can be used earlier in the process.
What Is Habeas Corpus?
Habeas corpus is a legal term that means “you have the body.” It refers to a court order directing authorities to bring someone in prison into the courts to determine whether they are legally being held. Often referred to as the Great Writ, it is a crucial tool for ensuring due process rights are protected.
Federal law requires federal courts to issue a writ of habeas corpus to prisoners if a state court does so. The writ is an order for the custodian of the prisoner, usually a jailer or prison warden, to present them in court.
The court will then examine the prisoner and determine if they are being held for a legitimate reason or if they have any constitutional right to be free from imprisonment. This is not an appeal or a continuation of the criminal case against the prisoner; it only focuses on whether the prisoner’s imprisonment is legal. This is what the framers of the U.S. Constitution meant when they included a clause that safeguarded the right to habeas corpus.
How Can I File a Habeas Corpus Petition?
To file a writ of habeas corpus, you must provide the court with certain information. Your petition must state the reasons you believe your detention is unlawful, and it must be signed by either yourself or someone acting on your behalf. Additionally, it must identify a custodian in custody and name the person who is responsible for his or her detention.
Generally, the court will only grant a hearing on your petition if it believes there is a reasonable chance you may be entitled to relief. Moreover, you must have exhausted all of your direct appeals in state court before bringing a habeas corpus claim into federal court.
Successfully arguing your case requires careful research and skillful writing. The attorneys at Spolin Law P.C. use their years of experience to craft persuasive arguments that convince a judge or court that you are being held unlawfully and must be released immediately. Contact us today to schedule a consultation.
What Are the Deadlines for Habeas Corpus Petitioning?
A petition for habeas corpus is a legal challenge to your conviction or sentence. There are a number of federal and state statutes that outline how to proceed with a habeas petition.
The most important deadline is the one-year limitation set by AEDPA (28 U.S.C. 2255). That first triggers the clock and, in most cases, prisoners will have one year to file a habeas petition.
In some circumstances, the law may allow for equitable tolling of this time limit, if you can show exceptional or compelling reasons why your petition should be considered on time. For example, if you hired an experienced California Criminal Appeals Attorney and was working diligently to perfect your case, or new evidence came to light, this may be a valid reason for filing a late habeas petition.
In other circumstances, a Petition for Writ of Habeas Corpus can be filed by a prisoner who is either actually or constructively in custody. For a petitioner to qualify for this, they must have exhausted their state remedies including state appeals.
How Can I Hire a Habeas Corpus Lawyer?
For centuries, the writ of habeas corpus (Latin for “that you have the body”) has protected citizens from unjust detention. It is one of the most fundamental safeguards in our nation’s legal system, enshrined in both state and federal law.
When convicted of a crime, an experienced attorney can petition the court for a writ of habeas corpus to get you free. A seasoned lawyer can provide critical thinking and thorough analysis of your case and develop strong arguments to convince the judge that you are being imprisoned illegally.
A federal habeas corpus petition requests that a federal court order the jail or prison holding a defendant to release them or change their conditions of incarceration because it violates their constitutional rights. A seasoned habeas corpus attorney can also file a petition for a rehearing of an appeal to a state appellate court. A rehearing is often the last chance to correct an error in trial or appeal process that may have resulted in a miscarriage of justice.
