While some individuals may not be familiar with the term “habeas corpus,” it is critical in the decision-making process in criminal proceedings. The word “habeas corpus” means “create a body” in Latin, and it relates to the fact that a prisoner must appear before a court in person during the request.
The majority of the time, writs of habeas corpus are used when someone think they have been wrongly imprisoned or punished incorrectly. These motions can be brought against states, although they are more usually brought against the federal government.
In either case, retaining the services of an experienced federal criminal defense attorney is a good decision. You can contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
The Habeas Corpus Petitions’ Small Chance
The applications for habeas corpus are lengthy. Law enforcement, the opposing prosecution, a defense counsel, or a trial judge are all accused of failing to behave correctly in the papers. The most typical writs of habeas corpus claim that a person had ineffective legal representation.
The habeas corpus procedure begins with a judge’s scrutiny, who has the power to reject or approve a petition and then schedule a hearing. While successful writs of habeas corpus can result in a person’s sentence being dropped or reduced, passing the review procedure is generally difficult, if not impossible.
Habeas corpus writs frequently address one of numerous concerns, including:
- Counsel’s help was ineffective. When a trial lawyer’s representation of a convicted individual falls short of the appropriate level of representation by counsel, certain claims arise. When an attorney fails to adequately research the facts of a case, does not call particular witnesses to testify, fails to present proof of innocence, or gives inaccurate legal advice, these are some of the most prevalent instances in which his or her care falls below the acceptable standard.
- Misconduct by the jury. There is a reasonable belief that jury misconduct happened in these cases. Jurors who go beyond the evidence admissible at trial, jurors who are unduly predisposed against the defendant, and jurors who discuss a case with non-jurors are all examples of jury misconduct.
- Incompetence in the courtroom. If a person is declared incompetent at the time a case is heard, he or she cannot be convicted of a crime. Disabilities, mental health difficulties, and physical impairments can all contribute to incompetence. If a person can show that he or she was convicted of a crime owing to legal incompetence, the ground for a successful writ of habeas corpus will be established.
- Misconduct on the part of the prosecutor. Prosecutors who filed false evidence or suppressed evidence during a prosecution are involved in these cases.
Consult An Experienced Criminal Defense Attorney
If you or a loved one has been convicted of a crime and want to file a writ of habeas corpus or another sort of motion, one of the first things you should do is contact an experienced criminal defense attorney. To book a free first consultation, contact Chambers Law Firm at 714-760-4088 right away.
