You may have overheard attorneys or judges using the term “habeas corpus” after your arrest as your case progressed through the judicial system. It appears to be legal and significant, but what exactly does it mean? What, more importantly, does it mean for your particular situation?
Read on to get the facts from a federal criminal defense lawyer in Lake Forest CA. If you have questions, contact Chambers Law Firm at 714-760-4088. You can also call us for a free legal consultation.
What Is the Meaning of Habeas Corpus?
In Latin, habeas corpus means “you have the body.” A writ of habeas corpus is essentially a court order ordering that a detainee be brought before it. If you’re being held, you can submit a writ of habeas corpus petition, in which case the government will have to establish that your arrest and imprisonment were legal.
Federal Writs of Habeas Corpus
In federal court, a petition of habeas corpus can be sought against a state or the federal government. To continue with a writ of habeas corpus petition. If the prisoner is being held by a state, the petition must be filed while the prisoner is in custody, and all state court remedies, including any appeals, must have been exhausted.
The right to habeas corpus protects citizens from government overreach
Habeas corpus writs, in general, guarantee that the government does not violate individual liberties and freedoms. Habeas corpus, in particular, safeguards your state and federal constitutional rights. Detention must have a legal foundation, your case must be heard in the appropriate court, unreasonable bail or parole rejections are not allowed.
The absence of double jeopardy, ensuring that the defendant has a quick trial, and determining whether the government can extradite you are all priorities. A habeas corpus petition asks the government to explain why you must stay in detention and on what legal grounds.
Limitations on Habeas Corpus in the Modern Era
Congress approved a statute in 1996 that restricts the use of habeas corpus writs by imposing a one-year statute of limitations on habeas corpus writs, prohibiting a single prisoner from filing multiple writs of habeas corpus in a row unless given permission, and requiring a prisoner seeking relief from a state government to prove that the state government violated clearly established federal law.
Terrorism, military trials, and enemy combatants have all been used to curtail habeas corpus in recent years. The Supreme Court, on the other hand, confirmed that non-citizens detained by the US abroad can file habeas corpus petitions.
Your Criminal Case, Habeas Corpus, and a Federal Criminal Defense Lawyer in Lake Forest CA
You can argue in a petition for writ of habeas corpus that either tour sentence was erroneous, or the conditions of your confinement are unfair or unlawful.
You can submit a habeas corpus petition before or after your trial. If your imprisonment is illegal, such as when the government violates double jeopardy or speedy trial safeguards, a pre-trial filing can rapidly dismiss the case against you. If your bail is too high, you may be able to gain your release. Your case would not necessarily be over, but you could be able to get out on a reduced bond.
Habeas corpus petitions need the court to establish a mistake during your trial or punishment. The statute under which you were prosecuted might be declared unconstitutional, or the court could rule that the penalty you received was not appropriate to the offence.
Contact an attorney today
Because writs of habeas corpus are seldom granted, talking with an experienced federal defense lawyer in Lake Forest CA is the best approach to figure out whether filing a petition is in your best interests. Chambers Law Firm represents individuals who have been charged with a variety of federal criminal charges. Call 714-760-4088 or email firstname.lastname@example.org to learn more or to set up a free first consultation.