Fighting Against Unlawful Imprisonment
In the U.S., you have specific rights that prevent you from being unlawfully deprived of your freedoms. Unfortunately, although these protections exist, that does not mean they cannot be violated. If you were convicted of a crime and imprisoned without a valid reason, you might be entitled to prosecute the official detaining you by a writ of habeas corpus. This post-conviction option is used to test whether or not the official that imprisoned you had legal grounds to do so.
Seeking release from imprisonment under a writ of habeas corpus requires an in-depth understanding of the law. Backed by over 3 decades of legal experience, our Cincinnati criminal defense attorneys at Patituce & Associates have extensive knowledge of the judicial processes and how to effectively petition for various types of post-conviction remedies. We will discuss when you can pursue habeas corpus and what you can expect throughout the process. Our team does not stand for injustices and actions that violate people’s constitutional rights, which is why we will fight hard for you and present a compelling strategy on your behalf.
Ready to discuss your circumstances and learn about your legal options? Call us today to speak with a Cincinnati criminal defense lawyer. Your initial consultation is free.
What Is a Writ of Habeas Corpus?
A writ of habeas corpus is an order from a court demanding that the official detaining you provide sufficient legal grounds for your detention. The process is in place to prevent you from being unlawfully detained and ensure that your rights have not been violated.
If a judge determines that the person restraining your liberties has done so illegally, you may be released from imprisonment.
What’s the Habeas Corpus Process?
The process for seeking post-conviction relief through habeas corpus begins with submitting a petition to the court. When filing, you must state who has imprisoned you and where you are being imprisoned. You must also be in custody at the time your petition is submitted and have pursued all other legal avenues for release.
When a judge hears the case, they may require that you, your attorney, and the official imprisoning you attend a hearing, which allows you to challenge your detention. During this process, you and the government may each present evidence as to why your imprisonment is either lawful or unlawful.
What Does Habeas Corpus Do?
Habeas corpus is a test to determine whether or not your imprisonment is lawful. It is different from a direct appeal in that you are not seeking a review of your original trial or the sentence imposed; instead, you are asking the court to decide if the official detaining you has the legal authority to do so. Generally, you seek habeas corpus after you attempted to have the matter resolved through an appeal.
It’s important to note that habeas corpus is not designed to determine whether you are guilty or innocent of an alleged offense; it is a way to challenge the legality of your imprisonment.
What Happens if I’m Released?
If you are released because a judge determined that the official detaining you had no legal authority to do so, you cannot be imprisoned again for the same offense unless a lawful reason exists. In Ohio, if the person ordered to release you does not comply, they could be fined.
Challenge Your Imprisonment with the Help of Patituce & Associates
If you’re ready to get started on seeking a writ of habeas corpus, our team in Cincinnati is prepared to fight aggressively on your behalf. We’ll put our knowledge and skills to work for you.
Schedule your free consultation today by contacting us online.