Habeas Corpus And Florida Criminal Cases

The confusing thing about legal terms is not that they are in Latin, but when you translate them into English, it is still not always clear.  For example, “habeas corpus” means “you shall have the body,” but which body is it, and what does it mean to have it?  Doesn’t everyone have a body?  If you were a disembodied spirit, it stands to reason that legal proceedings would not faze you.  If you have someone else’s dead body in your possession, then it will take more than a few elegant Latin phrases out of trouble.  Of all the possible interpretations of the phrase “have the body,” the one that applies to the legal meaning of “habeas corpus” has to do with being in control of your own movements, that is, not being imprisoned or detained.  The state cannot imprison someone except after a conviction at a fair trial or a voluntarily guilty plea.  Likewise, it cannot detain you for an extended period, longer than the few days it takes to prepare for a hearing, unless the risks of letting you go free are significant.  In other words, everyone is entitled to due process of law.  If you are being unfairly detained, contact a West Palm Beach criminal defense lawyer.

What Is a Writ of Habeas Corpus?

A writ of habeas corpus is a petition filed in federal civil court, asking the court to review whether another court’s decision to detain a person is fair and lawful.  It is an old legal concept, older than the United States.  The phrase “habeas corpus” appears in the Magna Carta, a document issued in 1215 by King John of England, listing the powers that he does not possess; in the Magna Carta, King John asserted that he did not have the right to detain or imprison people without due process of law.  In other words, kings are not above the law; in a modern context, neither are civil and criminal courts.  Immigrants detained during deportation proceedings may file a writ of habeas corpus, as may people detained outside the United States by U.S. military courts.  In the context of criminal cases, habeas corpus can serve as post-conviction relief for people who have been unfairly denied parole.  If you have not been convicted, you can file a writ of habeas corpus if you are awaiting extradition or if the court has not allowed you to post bail.

Habeas Corpus Is a Remedy of Last Resort in State Criminal Cases

A writ of habeas corpus asks the federal civil court to intervene in the affairs of the state criminal court that is prosecuting your case, and this is usually not necessary.  You can usually resolve matters simply by requesting a hearing or, if you have been convicted, appealing your conviction or your sentence.

Contact a West Palm Beach Criminal Defense Lawyer Today

Attorney William Wallshein has more than 38 years of experience, including five years as a prosecutor in Palm Beach County.  Contact William Wallshein P.A. in West Palm Beach, Florida to discuss your case.

Source:

law.cornell.edu/wex/habeas_corpus#:~:text=A%20writ%20of%20habeas%20corpus,holds%20the%20defendant%20in%20custody.