What Does Habeas Corpus Mean?
You have likely heard the legal term habeas corpus before. However, you might not know how it relates to your case or what it even means. The term itself is Latin and literally means, “you have the body.” It is in actuality a court order or writ that instructs law enforcement officials, such as a sheriff, the police or prison administrators, to appear in court with a prisoner who is being held unlawfully in jail or prison.
How is the Writ or Court Order Created?
A Beaverton Habeas Corpus Attorney like The Law Offices of Lemarr E. Carver creates a petition on behalf of someone who is imprisoned unjustly. The habeas corpus petition is presented to a judge who presides in the district or county where the prisoner is presently incarcerated. The judge will set a hearing after receiving the petition. This hearing will determine if the prisoner is being held unlawfully.
What Does it Mean to Be Unlawfully Confined or Imprisoned?
There are many elements that go into illegal confinement. A few include holding a prisoner without charges, bail that is excessive for the charge, due process is denied, or a prisoner being held when parole has been granted and the person.
The Main Purpose of Habeas Corpus And Its History
In its most basic form, habeas corpus is simply a protection against illegal confinement and as such it serves a crucial role even in today’s legal arena. It has historically been called “the great writ” and was called the “most celebrated writ in English law” by William Blackstone who was a great scholar of Common Law. The founders of the United States of America put great stock in habeas corpus and believed it was one of the most fundamental rights of the new nation. Although most of the time habeas corpus is utilized it’s in criminal cases where someone is being held in prison, it can be used in family law by a parent who is being denied custody of their child.
Why Hiring a Habeas Corpus Attorney is Wise
If you or someone you love is imprisoned unjustly and you want to reclaim your freedom, you need to utilize habeas corpus. If you aren’t sure your situation qualifies as being unjustly imprisoned, though, or you aren’t sure how to go about the process of filing a petition, speaking with an attorney is wise. Contact us at the Law Offices of Lemarr E. Carver to learn more.