You may not have known it, but many countries will take citizens and incarcerate them for months of years without charging them, sometimes even in times of war. The problem is, many of these imprisoned people will sit in prison unsure of what to do for long periods of time because they have no means to challenge the order. When the U.S Constitution was constructed, many believed that these occurrences should be prohibited so that people do not lose their main rights as humans. This is why, under the Constitution, something known as “Writ of Habeas Corpus” came to be.
So, what should you do if you believe you are being imprisoned against your will? You have the right to request an application for a writ of habeas corpus to challenge the legal basis of your imprisonment. If you are in custody when you file this application, the agency that is holding you must legally bring you to the court issuing the order. There, you can make your case without worrying that the government will hold it over your head. The government is prohibited from suspending proceedings that have to deal with your case.
A writ of habeas corpus is a lot like many other options for challenging guilty verdicts or seeking remedy for violations of constitutional rights. The same can be said, in fact, for motions, appeals, and writs. However, there are many steps you must take first, including speaking to those at the available state courts rather than going straight to the federal courts to relieve your matters. You may wonder what requirements you must meet in regards to the writ of habeas corpus as well as how long you have to take action. Now you can find out the laws in California and how they will help you in your case.
Custody: Do you have restrictions on your liberty and feel as if you cannot move around freely because of them? Then you can apply for a writ of habeas corpus. This means that you must be in custody because of criminal charges or a conviction, out on parole or probation, our on bail, or released on your own recognizance while charges are still pending. All of these aspects put restrictions on your lifestyle in some way.
Exhaustion of Remedies: Before you are able to apply for a writ of habeas corpus, you must attempt to try every other solution made possible by the system before you utilize this option. This means that you must file various appeals and see if things turn out your way before you end up filing the writ. If you were convicted and the first step you made was to fill out the habeas corpus application, your petition will most certainly be rejected.
Issues Resolved: If your issues were resolved at appeal, they cannot be brought forth to the court by a writ of habeas corpus.
Remember: In the case of a writ of habeas corpus, timing is always necessary. However, the timing is more flexible than that of an appeal. You may find that you must file an appeal very quickly, but in a case of a writ of habeas corpus, you must strictly be in custody. However, you should not delay! You should always seek relief as soon as possible to have your case taken seriously. If you need help with your case, call an experienced attorney who can help you today. At The Law Office of Peter Blair, we extend a helping hand to you!