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What is a Writ of Habeas Corpus?


Habeas corpus, Latin for “you have the body” is a writ, or formal legal action, which requires a person under arrest to be brought before a judge or into court.This ensures that a prisoner can be released from unlawful detention – that is, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by an attorney coming to the prisoner’s aid.

This right originated in England, and is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary and/or oppressive state action.

When Can I Petition For A Writ Of Habeas Corpus?

Your attorney can petition a Writ of Habeas Corpus at any time while the prisoner is in custody.
Are you eligible to petition for a Writ of Habeas Corpus in California?

A prisoner or his/her California criminal defense attorney can bring a petition for writ of habeas corpus at any time while the prisoner is in custody. In initiating a petition for writ of habeas corpus, the question may not be a matter of guilt, but whether the prison sentence was properly imposed. Therefore, if the defendant can show that he was somehow denied a constitutionally protected right, the resulting imprisonment may be deemed illegal.

A writ of habeas corpus is commonly used to appeal to a higher court to review the case. It is also used to challenge various conditions of probation and parole.

The prisoner, in petitioning the court, may assert a broad range of defects in the trial court proceedings that could have unduly deprived him/her of a fair trial. This can range from claiming jury misconduct to asserting that certain evidence was improperly admitted against him/her.

Generally, a petition for writ of habeas corpus is a very complex legal document. A successful petition requires a solid background in writing formal briefs, as well as a broad, comprehensive knowledge of both constitutional law and state and federal statutory and case law.

Additionally, prisoners in state custody usually must exhaust all of their administrative remedies through the California Department of Corrections and Rehabilitation (“CDCR”) prior to initiating challenges in the courts (known as the “602” appeal). Habeas corpus petitions which do not show prior exhaustion of all available remedies are almost always denied by the judge.

Place Your Trust In Wallin & Klarich Today

Wallin & Klarich probation lawyers
Wallin & Klarich has over 30 years of experience in criminal defense.

Conviction and imposition of a sentence are not necessarily the final disposition in a criminal matter. The circumstances of your case may entitle you to a shorter prison sentence or more lenient probation or parole conditions. At Wallin & Klarich, our skilled and professional attorneys can help you to challenge your confinement by constructing a habeas corpus petition that may succeed in ensuring that your rights are protected.

With offices in Orange County, Los Angeles, Riverside, San Bernardino, Ventura, Victorville, West Covina, Pasadena, Sherman Oaks, Torrance, San Diego, Hemet, and Temecula, our attorneys have over 30 years of experience in making sure that our clients are treated fairly under the law and that they receive the best legal representation through every step of the process.

Call us today at (877)466-5245. We will get through this together.

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