Win Your Freedom, Reduce Your Prison Sentence, or Get a New Trial with a Writ of Habeas Corpus in Federal Court
Through a Writ of Habeas Corpus in federal court, you may be able to get a new trial, decrease your jail term, or regain your release. Chambers Law Firm has the experience, resources, and drive to fight this fight for you. Contact us now at 714-760-4088 for a legal consultation.
A Writ of Habeas Corpus
When you are detained by a law enforcement agency, such as the Federal Bureau of Investigations (FBI), the United States Marshals Service, the Drug Enforcement Administration (DEA), or Immigration and Customs Enforcement (ICE), federal law may allow you to challenge the legal basis, duration, or conditions of your detention.
The phrase “habeas corpus” is translated as “present a body before the court.” A writ is an order issued by a higher court to a subordinate court, a government agency, or a government official in general. When you submit a Writ of Habeas Corpus, you’re asking the court to order the government to bring you to court to debate the point you’ve raised in your petition.
A Writ of Habeas Corpus is a legal document that asks a court to look into the circumstances of your detention and, if necessary, change them. Following the court’s approval of your petition, the law enforcement agency in charge of your custody must demonstrate that your detention is legal and valid. The agency may also be required to demonstrate that the requirements are reasonable and do not violate human or civil rights.
Situations that might warrant a Writ of Habeas Corpus
Some examples of situations that might warrant filing a Writ of Habeas Corpus including:
- You were wrongfully imprisoned
- You are being held for an unjustifiably lengthy period of time
- The police department refuses to hold a bail hearing
- You were refused a bail bond in an illegitimate manner
- During your incarceration, you have been subjected to illegal circumstances such as insufficient housing, food, or medical treatment
These are only a few examples. You can contact Chambers Law Firm at 714-760-4088 to find out if your situation applies.
The purpose of a Writ Habeas Corpus
The approval of your petition is the first step towards obtaining a Writ of Habeas Corpus. A federal court has the power to dismiss your writ and deny you a hearing. However, if your petition is accepted, you will have the opportunity to request several forms of relief.
You have the right to seek the court to:
- Order that you be released from detention by a federal law enforcement agency
- Define your rights and demand that federal law enforcement agencies and prisons uphold them
- Order that illegal conditions be remedied or that they be stopped
- Reduce the length of your detention
It can be complicated to qualify for a federal Writ of Habeas Corpus
The qualifying conditions for federal Writs of Habeas Corpus are complicated. All of the following must be true of your case for you to qualify to file:
- You must be detained by the federal government. Being incarcerated, on probation, or on parole are all examples of this. You may not be in custody or qualified to submit a Writ of Habeas Corpus if you have been released from jail and are not under any form of judicial supervision.
- You must have exhausted all available channels of appeal and have a legitimate basis for alleging a violation of one or more of your federal rights. This can include your arrest, trial, or incarceration.
- You must choose the appropriate jurisdiction. A federal criminal appeals lawyer will determine which judicial district you live in, where a significant portion of the circumstances that led to your claim happened, where you are imprisoned, or where the action you are contesting took place. Your petition will be refused if you file in the wrong jurisdiction.
- You must submit the required documentation (cover sheet, verified petition, note of points and authorities, and documents) on time and according to federal requirements. Reviewing federal and local regulations is another reason to hire a seasoned
You’ll also need to figure out who you’ll be naming in the petition. This is more complex and sophisticated than you may imagine. You may be required to name not just the federal agency that has custody of you, but also particular persons who administer the agency. You must serve all of the specified defendants with the summons and complaint.
Arguments for a writ of habeas corpus in support of a petition
You can use the following reasons to support a Writ of Habeas Corpus:
- The law is unconstitutional in the United States
- Your civil rights are being violated in prison
- There was no grand jury indictment
- Due Process violation
- There is a lack of a quick and public trial
- Inability to confront witnesses who are testifying against you
- Counsel’s ineffective aid
- Misconduct on the part of the prosecutor
- Jury tampering
- Misconduct by a judge
- Newly found proof
- Genuine innocence
- Incompetence in the courtroom
If you are ready for a legal opinion on the strength of your case and your potential options, contact Chambers Law Firm at 714-760-4088 today.