One of the pillars of U.S. law is that no person should be arbitrarily or unlawfully imprisoned. Unfortunately, it does happen – and it happens more than many people think. As a safeguard against this situation, habeas corpus exists. Both the United States and the California Constitutions give you the right to challenge a sentence. It is extremely uncommon to gain freedom via habeas corpus, it does happen.
If you believe that you have been or are being unlawfully imprisoned in California then habeas corpus may be your last hope. At Chambers Law Firm, we will consider your case and offer our advice about whether or not it qualifies. Read on to learn more and then reach out to us at 714-760-4088 for a free consultation.
There are a number of requirements to be eligible for habeas corpus
Habeas corpus is intended to be an extraordinary remedy that’s only applicable to very specific situations. Qualifications include:
- You must be in custody. This doesn’t necessarily have to mean that you’re incarcerated – it applies to any situation where the government is preventing you from being free due to a charge or conviction of a crime. For example, it may apply to being out on parole or probation, or being released on your own recognizance or on bail.
- You’ve tried every other appeal option. Habeas corpus should never be the first option you consider. The purpose is to use it after you’ve filed every appeal possible. It also applies if you’ve passed every deadline for appeal and you find that you have new grounds to challenge your original criminal conviction.
- You have grounds to for a writ of habeas corpus. In most cases, if the courts rule against you on an appeal then that’s the end. You can only then have grounds for a petition of habeas corpus if you fit one of the following situations:
- The law you were convicted under was unconstitutional.
- You had no lawyer or your lawyer was incompetent.
- There’s been new evidence that either proves you’re innocent or that the prosecution was wrong.
- There was misconduct by the prosecutor on your trial.
- You weren’t competent to stand trial.
- The law has changed and your actions aren’t a crime under current law.
- You’re dealing with inhumane conditions in prison.
- There’s evidence of battered women’s syndrome that wasn’t introduced during your trial.
As you can see, this is a complicated situation and it takes a keen eye to see if you have grounds. That’s why you need a criminal defense attorney like Chambers Law Firm to help you. We will look closely at your case and give you honest advice about what your options are. If there’s a chance that you can get out of prison, or avoid a sentence, then we will work with you. It all begins with a single phone call for a free case evaluation. Reach out to us at 714-760-4088 and let’s get the process started.
