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Habeas Corpus Questions

Habeas corpus is a legal action that allows a person who is under arrest to go before a judge. This action allows the prisoner to be released from detainment in the event there isn't sufficient evidence to prove the person should be incarcerated. This can be done by the prisoner or someone who is acting on the prisoner's behalf. Habeas corpus is an important tool in the legal system that protects individual freedom against unlawful imprisonment. If you would like to learn more about habeas corpus, take a look at the questions below that have been answered by Experts.

How do I obtain a medical writ of Habeas Corpus? How long does it take to obtain, and the Court to act on it?

First, you would file a petition for emergency writ of habeas corpus to the Supreme Court or the District Court. In the petition, you need to justify the legal reasons why you are being unlawfully held against your will. You will also need to include all evidence of why the detention is illegal. Usually, on an emergency writ of habeas corpus, the court will try to hold a hearing from 10-15 days, depending how heavy the case load is when the petition is filed. If the person who is being held cannot file the writ of habeas corpus on their own, they will need to hire an attorney to file on their behalf.

Can a Habeas Corpus be used If the Lawyer did not do everything to defend their client?

The purpose of habeas corpus is to keep the government from jailing you without just cause, meaning they have to prove why they have imprisoned you. Habeas may not work in your favor if you have been convicted of a crime because the government has proven they have cause to detain you whether it is right or wrong. However, if you were able to appeal and could establish your right to a fair trial has been wronged, and you are still in imprisoned, you could file a habeas corpus petition.

What grounds are needed to file a federal habeas corpus for unfair treatment as an interstate parolee from NJ? I had a discharge date for 21 years, only to find out it was an arbitrary term set before me by either CA or Interstate, and not being honored by any of the three entities.

Generally, when a person is being held unconstitutionally, they can file a writ of habeas corpus. This means if the person is being held without due process, which also includes the person being subjected to cruel and unusual punishment.

If you are requesting the writ of habeas corpus, you would be the petitioner, the entity that is holding you would be the respondent. The respondent could be the state or a warden of a prison. If you are unsure of who is responsible for your detainment, you should list all parties who are involved.

I had Habeas Corpus Case won this year and my sentence was overturned and all charges were dismissed against me without prejudice after I spent 3 years in state custody. How do I go about getting compensated for my time? I live in West Virginia.

The current federal law states that anyone who has been exonerated for wrongful imprisonment could possibly receive a maximum of $5000 for compensation. This is the maximum amount regardless of how many years the person was wrongfully held.

Compensation limited to what the court determines will "fairly and reasonably compensate" the exonerated. W. Va. Code §14-2-13a

If you are filing in West Virginia, you will file a petition with the Circuit Court of the county in which you live. When you petition, you will be asking for compensation for your unjust detainment (time in jail) and show an amount that you feel is reasonable.

Can a habeas corpus be filed if a prisoner's life is in danger? Can we file a writ to have him transferred to another facility?

Habeas corpus cannot be used for a prisoner who is in danger. Every prisoner is at the same risk as the person you are asking about. It would be impossible to put each prisoner in protective custody to protect them from possible danger. In a situation like this, you will need to hire an attorney to assist you in filing a lawsuit against the prison for poor conditions and violations of prison rights. If you cannot afford an attorney, you could contact an agency that would be willing to assist you. This link offers a list of non- profit agencies that deal with prisoner's rights. It is possible that one of these agencies could assist you with your case. http://www.aallnet.org/sis/srsis/links/prisonerrights.html

The purpose of habeas corpus is to keep the government from imprisoning a person without just cause. Many people have been released from unlawful detention by filing for a writ of habeas corpus. If you feel you or someone you know is being held unlawfully, you could ask an Expert to assist you with legal insights by evaluating the details of your situation.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Tina
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Recent Habeas Corpus Questions

  • A friend is in a Delaware County Prisoner on perceived parole

    A friend is in a Delaware County Prisoner on perceived parole violation. A JUDGE LIFTED HIS DETAINER AT THE HEARING but he is still there two weeks later waiting for an evaluation. Is there any type of rule/law governing how long they can keep him after the lifting of the detainer?
  • my son has a mental illiness and has been court ordered to

    my son has a mental illiness and has been court ordered to a mental hospital however he is on his meds and he is good now and I want to bring him home however they are giving me the run around and not willing to let him out. he is not a threat to him self or noone else what are our rights
  • My brother has a Habeas Corpus 2241 and Motion 2255 Pending

    My brother has a Habeas Corpus 2241 and Motion 2255 Pending in District Court. How long does the Court take to decide after the Traverse was filed and the Respondent Filed the answer to Traverse already. Its been 2 months and we are still waiting for the judge to decide. Also, while waiting for the judge to decide, can a Bivens 1331 be filed in the meantime and with same jurisdiction as the Habeas and will it help to rush the judge if filed? Can he file the Bivens although he is still incarcerated and if he wins will he have the right for any compensation?

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