Originally known as the great writ, habeas corpus writs are the most common type of writ in the United States. A post-conviction writ of habeas corpus is a judicial mandate addressed to a prison official, which demands that a prisoner be brought to trial in order to determine whether or not their imprisonment is lawful and whether or not it should be allowed to continue. Usually, the prisoner or his or her attorney will attempt to argue that his or her imprisonment is unconstitutional. While a habeas corpus writ can be filed in either state court or federal court, the law states that all state avenues must be exhausted before entering federal court. Federal statutes are what officially outline the procedural guidelines of a federal habeas corpus proceeding.
Our criminal justice system is flawed. Mistakes are made and unfortunately, they often go unchallenged. If you believe that you or a loved one has been unlawfully imprisoned, do not give up. It is important that justice prevails for you and those who will come after you. Contact Fertitta & Reynal immediately, if you suspect that a writ of habeas corpus may be appropriate in your case or in the case of your incarcerated friends or loved ones. We will fight for what is fair and lawful.
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