Habeas corpus is one of the most important parts of our criminal system. It is meant to be a safeguard against wrongfully imprisoning people. The right to use it to challenge a criminal conviction and / or sentence is guaranteed by the United States Constitution and it’s guaranteed by the California Constitute.
You should know that it’s uncommon to obtain freedom via habeas corpus. However, it’s not impossible. If you have been wrongfully imprisoned and nothing else has worked, then it may be your last recourse under California law.
Eligible requirements for habeas corpus
Only very specific circumstances warrant a habeas corpus petition. The only situations in which you’ll be eligible to bring a petition of habeas corpus include:
- You’re “in custody”. Note that this doesn’t necessarily mean you must be incarcerated. Habeas corpus literally translates to “that you have the body.” It can be argued that it applies to any situation in which the federal or state government has restricted your freedom of movement as a result of a charge or conviction. For example, if you’re out on probation or bail, it may be possible to bring a habeas corpus petition.
- You’ve gone through every appeal option. This is meant to be a last ditch effort and is only available to persons who have gone through every appeal possible.
Examples of valid reasons for a writ of habeas corpus
In most situations, if the courts rule against an appeal the situation is put to rest. That said, if your appeal involves some very serious issues, then you will have the grounds needed to petition for a writ of habeas corpus. These include:
- Being convicted of a law that’s unconstitutional.
- Laws have changed since the conviction and what you were convicted for is not a crime by today’s standards.
- You didn’t have a lawyer provide.
- You weren’t competent to stand trial.
- You had an incompetent lawyer.
- The prosecutor had misconduct.
- New evidence has been uncovered that proves you were innocent or proves that the prosecution’s case isn’t valid.
- Evidence about battered women’s syndrome was not used in your trial.
Finally, habeas corpus can be used in the event that a person is dealing with inhumane conditions while in prison and their appeals haven’t worked. This includes cases involving medical neglect or abuse.
Only the right attorney can help you file a petition for habeas corpus
There are some charges that just about any criminal defense attorney can help with. That’s not the case with habeas corpus. You need a California attorney who understands the complexity of these laws. Who will give you an honest and experienced opinion about your chances and your options. Who will fight tirelessly for you.
That attorney can be found by calling 714-760-4088. Call Chambers Law Firm today for your free legal consultation. We are here to help you get through a difficult time. Don’t assume there’s nothing more that can be done. Reach out to us and let us offer our best legal advice.
