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Grounds for relief: A habeas corpus petition


Grounds for relief: A habeas corpus petition

On behalf of Patrick T. McNally, Attorney at Law | 
November 16, 2020

When you believe that your incarceration is unfair, you need to look at every possible avenue for relief under both state and federal law. One of the options you may have is a writ of habeas corpus.

What is a writ of habeas corpus?

A writ of habeas corpus (which means “produce the body”) is essentially an order that requires the authorities to bring a prisoner to court. There, the authorities are then required to show that the prisoner’s detainment is lawful. The judge may also request additional evidence or require witnesses to testify about the situation.

It’s important to understand that a habeas corpus petition doesn’t directly challenge your conviction. It is focused solely on the legality of your confinement and is part of your Constitutional rights under Article I, Section 8.

When is a habeas corpus petition useful?

It’s often used to challenge situations where the condition of confinement amounts to cruel and unusual punishment. For example, prisoners held in extreme isolation without valid reason may use this method to appeal their conditions. Similarly, someone who feels that their sentence was unfairly punitive given the nature of their offense may also use a habeas corpus petition to ask for judicial review.

Habeas corpus petitions are not always successful. When they are, however, they may result in a sentence reduction, a change in the prisoner’s conditions, restoration of certain rights or release.

Habeas corpus petitions are a distinct part of the post-conviction relief process. They are not the same as an appeal but often used in conjunction with other appellate relief measures. For more information about how this may apply to your situation, please continue reviewing our site or contact our office directly.

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