The right of a person to use habeas corpus is an essential safeguard of U.S. law. In theory, it is there to prevent arbitrary and unlawful imprisonment. It is guaranteed both by the U.S. Constitution and California State Constitution. It is true that it is uncommon for a person to obtain their freedom via a writ of habeas corpus, but if you believe that the state has wrongfully imprisoned you then it may be the last option available.
Not everyone is eligible for habeas corpus
This option is what is known as an “extraordinary remedy” in that it is meant to only apply to very specific cases. There are several factors that must be in place in order for you to bring a habeas corpus petition.
First, you must be in custody. Note that this does not necessarily mean that you are incarcerated. It can apply to a situation in which the government is somehow restricting your freedom because of a charge or conviction. For example, if you are on parole or probation, or if you have been released on bail you would still qualify even though you are not physically in custody.
Second, you must have gone through the entire appeals process and exhausted all options. Again, habeas corpus is meant to be a last resort option. In some cases, it can be used if you have discovered new reasons for challenging a conviction but the deadline of appeals has passed.
Third, there must be a valid ground for a writ of habeas corpus. It is almost always true that if the court rules against a person in an appeal, then the case is closed. However, if the appeal involved certain specific issues then there may be grounds to petition for habeas corpus. For example, if a person is convicted under a law that has been found to be unconstitutional, if a person did not have an attorney for their case, or if the accused was not mentally capable of standing trail.
Does your case or the case of a loved one qualify for habeas corpus?
The answer is that it is not likely. However, this does not mean that the case does not qualify. The best way to find out is to contact Chambers Law Firm at 714-760-4088 for a free legal consultation. Even if the very specific situation of habeas corpus does not apply, there may be other legal remedies available. Talking to an experienced criminal defense attorney gives you the best chance of understanding the specific options available based on your particular case.
