What Is Habeas Corpus, and Can It Get Me Out of Jail?

After your arrest, as your case crawls through the legal system, you may have overheard lawyers or judges throwing around the word “habeas corpus.” It sounds legal and important, but what does it mean? More significantly, what does it mean for your specific case?

What Does Habeas Corpus Mean?

Habeas corpus means “that you have the body” in Latin. Essentially, a writ of habeas corpus is a court order demanding that a prisoner be brought before it. If you’re being detained, you can file a petition for writ of habeas corpus, and the government will have to prove that your arrest and detention is lawful.

A writ of habeas corpus can be filed in federal court against a state or the federal government. To proceed with your petition for writ of habeas corpus, you must:

• File the petition while in custody; and,
• Have exhausted all state court remedies, including all appeals, if a state is holding the prisoner.

Habeas Corpus Prevents Government Overreach

Generally, writs of habeas corpus ensure that the government does not infringe on individual liberties and freedoms. Specifically, habeas corpus protects your state and federal constitutional rights and deals with issues such as:

• Requiring a legal basis for detention;
• Ensuring your case is heard in the proper court;
• Prohibiting reasonable denials of bail or parole;
• Guaranteeing freedom from double jeopardy;
• Providing a speedy trial, and;
• Determining whether the government can extradite you.

A petition for habeas corpus requires the government to explain why, and on what valid grounds, you must remain in custody.

Modern Limitations on Habeas Corpus

In 1996, Congress passed a law that limits the applicability of writs of habeas corpus by:

• Imposing a one-year statute of limitation on habeas writs;
• Preventing one prisoner from filing multiple writs of habeas corpus in succession, unless given permission; and,
• Requiring a prisoner seeking relief from a state government to prove that it violated clearly established federal law.

Other limitations on habeas corpus in modern times have revolved around terrorism, military trials, and enemy combatants. The Supreme Court, however, reaffirmed that even non-citizens held by the United States overseas have the right to file habeas corpus petitions.

Habeas Corpus and Your Criminal Case

If you file a petition for writ of habeas corpus, you can argue that either:

• There was an error in your sentencing; or,
• The conditions of your imprisonment are unjust or unlawful.

You can file a petition for habeas corpus pre-trial or post-conviction. A pre-trial filing can quickly end the case against you if your detention is unlawful, such as when the government violates double jeopardy or speedy trial protections. You may also be able to secure your freedom if your bail is excessive. This would not necessarily end your case, but you could be released on lower bail.

Post-conviction petitions for habeas corpus require the court to find an error in your trial or sentencing. The law you were charged under may be found unconstitutional, or the court may decide that the sentence applied to you is not proportional to the crime.

As petitions for writ of habeas corpus are rarely granted, consulting with a skilled defense attorney is the best way to determine whether a petition is in your best interests. If you’ve been charged with a criminal offense, a criminal lawyer in Los Angeles, CA, can help defend you. The Chambers Law firm advocates for its clients who have been charged with all types of California criminal offenses. To learn more or schedule a free initial consultation, reach out today at 714-760-4088 or dchambers@clfca.com.