The idea of habeas corpus, which has been a cornerstone of Western law for centuries, is a vital protection against arbitrary and illegal detention. Both the California Constitution and the United States Constitution give the right to utilize habeas corpus to appeal a conviction or sentence.
Although winning release through a writ of habeas corpus is rare, if you think you have been unfairly imprisoned in California, habeas corpus may be your final option for justice. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Habeas corpus eligibility
The “extraordinary remedy” of habeas corpus only applies in extremely narrow circumstances. A habeas corpus petition can only be filed if the following conditions are met.
You are “in custody.” A habeas corpus petition does not require that you be imprisoned. Habeas corpus is Latin for “that you have the body,” and it applies in any case when the government restricts your freedom of movement as a result of a criminal charge or conviction, such as when you are released on bond or on your own recognizance, or when you are on parole or probation.
You must also have exhausted all of the options available to you through the appeals process. Habeas corpus is a last resort that should only be invoked after you’ve exhausted all other options. It can also be utilized if you uncover fresh grounds for contesting your conviction after the time for filing an appeal has gone.
You must have good reason to seek a writ of habeas corpus. The majority of the time, if the court finds against you on appeal, the case is over. If your appeal involves any of the following significant concerns, you may be eligible for a writ of habeas corpus:
- You were found guilty under a legislation that was unconstitutional
- Your counsel was incompetent/you were not supplied with a lawyer
- During your trial, the prosecutor acted improperly
- When you were convicted, you were not competent to stand trial
- There has been new evidence found that either confirms your innocence or utterly refutes the prosecution’s case
- Since your conviction, the law has changed, and your claimed activities are no longer illegal
- At your trial, no relevant evidence on abused women’s syndrome was presented
Habeas corpus can also be utilized to challenge cruel conditions in jail that have gone unaddressed through the prison appeals process, such as cases of abuse or medical negligence.
Confused? Chambers Law Firm can assist you
Given the complexities of habeas corpus law, you need the greatest defense counsel available on your side. We at Chambers Law Firm are familiar with both the text and the spirit of the law when it comes to petitioning for a writ of habeas corpus. You can count on us to provide you with accurate information about your rights and eligibility, as well as personalized help throughout the process. We can assist you in obtaining relief in both state and federal court. Call now at 714-760-4088 for a consultation.
