Habeas corpus is a Latin term meaning "that you have the body". In the U.S. legal system, prisoners or other detainees who believe that their imprisonment or detention is unlawful may seek relief by filing a writ of habeas corpus, which initiates a federal civil proceeding against the institutional agent who holds the prisoner or detainee in custody. The federal court in which the writ has been filed will then review the imprisonment or detention to determine whether it violates any of the individual's Constitutional rights. Writs of habeas corpus are most commonly filed by prisoners seeking post-conviction relief, but they may also be used at various other stages of a criminal proceeding, as well as by individuals facing deportation or being held in military custody.
The right to petition for habeas corpus is historically well-established and is set forth in Article I, Section 9, Clause 2 of the United States Constitution, as well as federal statutes and United States Supreme Court case law. However, there are limits to the availability of habeas corpus relief. For example, a prisoner generally must "exhaust" all other available remedies before filing a writ of habeas corpus and, in the post-conviction context, generally must file the writ within one (1) year of conviction.
Given the strict time limits which often exist for the filing of a writ of habeas corpus and the high stakes involved, it is imperative that individuals wishing to explore habeas corpus relief choose an attorney with the knowledge and experience necessary to file and argue such an appeal. I have chosen to focus my practice on White Collar Crimes, including habeas corpus matters. Over the last 40 years, I have earned a successful track record in high stakes white collar matters and have argued before the United States Supreme Court as well as other federal courts throughout the country. I fight hard to enforce the rights of my clients, and I believe in the integrity of that fight.
If you have questions or concerns about habeas corpus relief, I invite you to contact me directly to discuss it at (800) 780-2889 or Patrick@MullinDefense.com. You will discuss your concerns with me personally—never an associate or a paralegal. In addition, you should know that your contact with me, and with my firm, is privileged under the law, regardless of whether or not you decide to retain my firm to represent you.