Toledo Habeas Corpus Attorneys
We Stand Up for Those Whose Rights Have Been Violated
Does the official detaining you have sufficient legal grounds to do so? If not, a writ of habeas corpus could get you released from your imprisonment. Call Patituce & Associates today for a no-cost consultation to discover if this post-conviction relief option is available for you. Our Toledo habeas corpus lawyers can help you craft a compelling case to prove that you are being unlawfully deprived of your freedoms. If your constitutional rights are being violated, we are here to fight to make things right. To discuss your circumstances with our experienced Toledo Habeas Corpus attorneys, call (440) 771-1175 today. Your initial consultation is free.
When to File a Writ of Habeas Corpus
Generally, you would file a writ of habeas corpus after you have received an unfavorable outcome on an appeal. Unlike a direct appeal, habeas corpus does not involve a request that a higher court review the trial proceedings of a lower court to determine if a legal error occurred that impacted the outcome of the case. Instead, a writ of habeas corpus is a request for the court to decide if the official who is keeping you in custody has the proper legal authority for such actions. So, the question in a habeas corpus case is not whether you are guilty or innocent, but rather whether or not your imprisonment is lawful.
What is the Habeas Corpus Process?
Like most post-conviction relief options, the process of habeas corpus begins with submitting a petition to the court. To file, you must currently be in custody and have exhausted all other legal avenues of release. The petition must contain where you are being imprisoned and who is detaining you.
Many times, a judge will require you and the official to attend a hearing. During this hearing, you can challenge the legality of your detention. We strongly encourage you to have a legal representative with you during this meeting. You will be required to present evidence as to why your imprisonment is unlawful. Our legal team knows the laws that pertain to these types of cases, and we have a strong track record of success in proving our clients are being illegally detained.
When a Court Grants Release
The goal of habeas corpus is to get out of jail. If a judge determines that the official detaining you is doing so unlawfully, the judge has the authority to demand your release. If the individual does not comply with the judge’s order for your release, they can be fined.
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- Martha L.
Seeking representation for federal charges against my husband led me to engage with an attorney from this firm. Swiftly connected with Joe Patituce, we made the decision to enlist his services that very day, a choice we're grateful for.
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- Cora B.
Their friendly and approachable team provided unwavering support. They worked diligently to build a robust defense, ensuring my side of the story was heard and considered!!!
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- Former Client
Cate Purdum was present, attentive, always returned my calls (I had attorneys before who never call you back), answered my questions and never ignored my calls. If I ever need an attorney in the future I will definitely go back to her.
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- Roberto M.
Catherine Meehan did an amazing job. Very responsive, friendly, and obviously very good with words. She kept me out of jail and home with my kiddo. For that I can't ever repay the favor. Much appreciated hope I never need your assistance again but if so I'll definitely give you a call. Thank you again.
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- Thomas S.
I am very satisfied with Rachelle and Joe they were talking me through my whole case and when I told them I wanted a trial they agreed and said let’s go to trial with out hesitation they were very professional and I couldn’t ask for a better law firm to have my back in my court case thank you Rachelle and Joe I highly recommend them to everybody
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- Levi G.
Joe helped my brother beat a serious RICO charge. He is simply the best criminal defense lawyer out there, and provides a clear-cut path to victory. I am extremely impressed and thankful for the hard work and dedication the team at Patituce & Associates put in on this case. It feels great to come out on the winning side, and not have to sweat a thing during the whole process. I highly recommend hiring Joe and his expert staff if you ever find yourself in any legal trouble. Thank you Joe!
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So kind and helpful! Don’t know what I would’ve done without him. Joe was kind and informative throughout the whole- Maddy P.
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- Glenn G.
I engaged Joe Patituce's services for my DUI case in Rocky River, and I couldn't have made a better choice. He and his team demonstrated excellence throughout, managing my case with remarkable skill and professionalism.
Rely on Our Skilled Habeas Corpus Lawyers
The Toledo criminal defense attorneys at Patituce & Associates are ready to help you challenge your imprisonment. With over 70 years of combined experience, we know how to build a strong case on your behalf. If you are being unlawfully imprisoned, we are determined to stop at nothing to get you released. We refuse to lose.
To get an aggressive legal advocate on your side, contact us now at (440) 771-1175.
