A Writ of Habeas Corpus is provided for in the U.S. Constitution. It is a legal procedure that allows people who are in government custody to petition the court for release, claiming they are being held illegally. It is a civil process and essentially means, “bring the body to the courthouse.” When the petition is filed, the court is then required to determine if the government is legally holding the person in custody.
Although habeas corpus is a remedy specifically authorized by the constitution, it is a complicated legal process. Many statutory rules apply that must be complied with or the petition for habeas corpus will be dismissed without a hearing. There are several situations that may require a writ of habeas corpus to issue in order for a person to be released from custody. Some situations include:
- Being held in custody either before trial or following the conviction for a criminal offense.
- Being held in custody because you are considered a material witness in an upcoming criminal trial.
- Being detained and waiting for an immigration hearing.
- Being detained after an order for deportation has issued.
If you believe a writ of habeas corpus is warranted in your case, you need to contact an attorney who has years of experience in habeas corpus litigation along with a track record of success.
Contact the Law Office of Brentford Ferreira
Attorney Bretnford Ferreria, founder of the Law Office of Brentford Ferreira, has been actively working in habeas corpus litigation for more than 30 years. He knows that the main criteria that must be met in order to petition the court for such a writ are:
- You must be in custody. Custody means not only being confined in a facility. If you you are on parole or probation you are in custody since there are restrictions on your movement.
- You have exhausted all other remedies and the writ of habeas corpus is the only way remaining for you to obtain your release. In criminal cases, this means you have gone through the appellate process and have not succeeded on obtaining your freedom.
- You have issues that could not be raised during the appellate process and can only be raised by way of a petition for a Writ of Habeas Corpus.
Whether you seek relief from your criminal conviction or from an immigration detention or deportation order, Attorney Ferreria will review the facts of your case and help you decide how to proceed.