Certain checks and balances exist in our legal system to protect the rights of those who face arrest. One such thing that protects the rights of citizens who get arrested is habeas corpus. If you faced an unreasonable detained by the police, the habeas corpus law might apply to you. You can learn more about habeas corpus and what it can do for you here. If you believe that the police have detained you in an unfair manner, contacting an attorney is the best way to get the justice that you deserve.
What is Habeas Corpus?
Habeas Corpus got implemented in the Magna Carta. This happened in 1215. Since then, it has been a pillar of European and American law. Habeas Corpus started to prevent kings from locking up citizens indefinitely without giving them a fair trial.
Habeas corpus started in American law in the first article of the Constitution. This writ protects any person who gets arrested from staying in custody for no good reason. It forces law enforcement or governing bodies to show good cause of keeping a person in custody. If no just cause exists to keep a person incarcerated, they should get released under the writ of habeas corpus.
If you believe that your incarceration is illegal, you can challenge it. You can do this by filing a writ of habeas corpus. The writ is a court order for a governing body to give you the opportunity to speak your mind in court. The police, a prison warden, or an agency must honor this writ and allow you to make your case in court. They will bring you before an impartial judge, who will hear your side of the story.
If you can prove in court that you are being held on improper jail conditions, the judge can order that you get released from custody. But, keep in mind that just because you challenge your incarceration before a judge does not mean that a judge will grant your release. You need to use concrete evidence to prove that your incarceration is unjust.
This is where an attorney can help you. If you get in touch with an attorney and explain to them your situation, they can help you establish a case that you can use in court. This can prove that you should not face imprisonment.
At Ruane Attorneys, we have worked with habeas corpus court orders in the past. We have helped people who got incarcerated unjustly as they sought the relief that they deserved. We can do the same for you. Please contact our office today to learn how we can help you with your writ of habeas corpus. We are happy to make a jail visit or discuss your situation over the phone.