Unfortunately, it has happened before, and it will likely happen again: errors in the legal system have allowed individuals to become wrongfully imprisoned. Fortunately, though, there are legal safeguards in place that protect citizens’ freedoms against lawless actions of the government, including wrongful imprisonment. A petition for habeas corpus can be filed in court to ensure that any errors in the justice system are identified and corrected to safeguard individuals’ freedoms.

What is Habeas Corpus?

A writ of habeas corpus provides a legal voice for individuals who have been wrongly charged of a crime and detained in prison. It is generally utilized when someone wants to challenge the validity of the court’s decision to detain them. A petition for habeas corpus can also be filed when a judge declares an individual to be in contempt of court, or when a parent feels they’ve been unfairly denied custody of a child.

Habeas Corpus vs. Appeal

Habeas corpus is not the same as an appeal. A case is appealed when the accused and their attorneys feel that the judge made a legal error during the course of the case. Only evidence from the original case file is considered, so it isn’t considered a second chance at proving innocence. A petition for habeas corpus, however, can be used to consider evidence that might not have been originally available. To be able to file a petition for habeas corpus, the defendant and their attorney would have to prove that it was this error that led to the defendant’s false imprisonment.

The Habeas Corpus Process

Courts do not frequently offer writs of habeas corpus, so it’s extremely important to have the assistance of a criminal defense attorney, like Townsend Myers, when preparing one. The attorney will file and serve the petition to the state or federal court, which will then examine it to determine whether the person has been lawfully imprisoned. If the writ is not approved, nothing further happens. If the writ is approved, the next steps vary from case to case, but typically involve another hearing in a trial court or court of appeals, with the goal of a different outcome.

Get Assistance Today

Being unjustly imprisoned does more than just strip citizens of their liberty and freedom—it robs them of their lives, friends, and families. If you or a loved one have been wrongfully imprisoned for a crime—or you feel that significant evidence exists that was not presented in your case but could have helped prove your innocence—NOLA Criminal Law may be able to help you secure a writ of habeas corpus. Call us today at (504) 571-9529 or reach out to us for a free consultation with our criminal defense attorneys.

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