Habeas corpus is one of those Latin phrases you learned, or at least heard of, in a school history class. But it is more than just a history lesson, and is taught extensively in law school.
Habeas corpus was written into the U.S. Constitution by our forebears as a way of prohibiting abuse of power. In many countries, even today, authorities may incarcerate someone without any formal charge or trial. The writ of habeas corpus offers those who have suffered incarceration, whether through a trial or not, a way to challenge what has happened to them. Habeas corpus was designed to prevent such an arbitrary decision without due process, and a writ of habeas corpus takes the defense even further.
Especially applicable to white-collar crimes, any U.S. citizen who has found themselves imprisoned, understanding the terminology and, more importantly, working with a legal team, like that of SKJ Law Firm, that specializes in federal white-collar crime, is essential for you to receive all aspects of proper defense at your disposal.
What Writ of Habeas Corpus Means
When translated from Latin, habeas corpus means “that you have the body.” The term writ stands for a formal or legal document ordering an entity or person to either perform or cease to perform a specific action, such as wrongful imprisonment.
The writ of habeas corpus is a written formal request used to decide if a specific imprisonment has validity. A writ of habeas corpus is an official order that requests the court to examine and determine whether there is a just cause for that individual’s imprisonment. In the case of a defendant being held in custody in a foreign country, a writ of habeas corpus can also be used to look at extradition while asking for an explanation of the specifics of a set bail amount.
Generally, a writ of habeas corpus will, at a minimum, open a court hearing where evidence from both sides will be heard with a decision handed down by an impartial judge or jury.
How Can Someone Petition for a Writ?
Anyone can petition for a writ of habeas corpus, and some prisoners have tried to do so on their own. But once you file and are heard, you cannot go back and repeat the same process with the aid of an attorney. From the get-go, it is best to work with a seasoned white-collar criminal attorney for the best possible outcome.
A writ of habeas corpus offers another course of action when other legal appeals fail within the court system. Some consider it as a last resort for someone who feels they have been imprisoned unjustly.
What Can I Do if My Petition is Denied?
If you filed an appeal to a court decision, depending upon what court your original writ of habeas corpus was applied to, you may be able to apply a writ of habeas corpus to a higher court. For example, if your writ of habeas corpus was denied at a state government level, the next possibility could be within a federal district court. An experienced attorney or legal team can help decide which appellate court may be the next step for further appealing your case.
Get the Legal Help You Deserve
Filing a writ of habeas corpus should not be attempted by a non-professional. An experienced attorney, like those of the team at SKJ Law Firm, offers you the best opportunity for a positive outcome.
While based in Houston, the SKJ team travels across the country and around the world to aid our business and individual clients in federal white-collar crime as well as international criminal defense. When you need help, contact us.
Call 713-228-8500 today.
Image credit: Thapana_Studio / Shutterstock
