Below, is general description and brief information regarding Our, Writ of Habeas Corpus and shall not be construed to represent the federal rules of Civil Procedure nor any state rules of civil procedure. For more information you must be a Copper Member to gain access.
HOW IT WORKS!
A writ of habeas corpus (which literally means to "produce the body") is a court order demanding that a public official (jail commander, a warden), deliver an imprisoned individual to the court and show a valid reason for that person's detention. The concern here is to make sure there has not been a person put in a false imprisonment or an unlawful detention situation. The procedure provides a means for prison inmates, or others acting on their behalf, to dispute the legal basis for their confinement verse the imprisoned person showing a clear case of False Arrest, False Imprisoned, Unlawful Detention or Unlawful Imprisonment. Habeas corpus has deep roots and comes out of common law of England.
Very often, the court will hold a hearing on the matter, during which the inmate and the government can both show evidence whether there is a lawful basis and reason for jailing the individual or living person. The court may also issue and enforce a subpoena signed order to obtain additional evidence that may be needed.
After reviewing the evidence and depending on what the evidence revealed, the judge may grant the inmate relief such as:
- Release from prison,
- Reduction in the sentence,
- An order halting illegal conditions of the prisoner(s) confinement, or
- A declaration of rights.
People sometimes confuse the Writ of Habeas Corpus with the right of Direct Appeal. Alleged Criminal Defendants are always entitled to appeal a conviction or sentence to a higher court, which will then review the trial judge's rulings. However, history has shown this is not always fair or to the benefit of the alleged Criminal Defendant.
The Writ of Habeas Corpus provides a separate avenue for challenging imprisonment and is normally used after a Direct Appeal has failed. It often serves as a last resort for inmates who insist that a miscarriage of justice has occurred and their rights surely have been trespassed on. Statics have shown this has happened and is happening to many [m]inorities who are currently being incarcerated and the numbers are rapidly growing.
Limitations of Habeas Corpus
A writ of habeas corpus is not available in every situation. Because judges receive a flood of habeas corpus petitions each year, including some that inmates prepare without the assistance of a lawyer, strict procedures govern which ones are allowed to proceed. Inmates are generally barred from repetitively filing petitions about the same matter.
NORMAL COST OF A WRIT OF HABEAS CORPUS
The cost of a Writ of Habeas Corpus scares people alone. You almost have to sell the farm just to help yourself, a family member and or a friend, in many cases. The normal cost of the Writ of Habeas Corpus with many law firms will be between $20,000-$40,000 USD. Often there are investigations and research that may easily be an additional $15,000-$20,000.
Should it really cost you all those thousands of hard-earned dollars, just to tell the court truth and show the facts and evidence on why you, a family member or a friend is being unlawfully detained, imprisoned or incarcerated and should be released?
We at American National Common Law Group innerstand the difficulties the people are experiencing. Considering there is a on-goin National debate on a lack of evidence and the validity of mass incarnations of many prisoners, unfortunately many people who have been unlawfully made a prisoner, do not have the dollars and finances to prove their situation of justice and incarceration is unlawful. One of the main reasons, why our Law Group have provided extremely affordable cost and special prices for our Copper Membership members.
When you sign up to become a member of the Copper Membership you will see there is no price in the America lower than our price for Our Writ of Habeas Corpus which is powerful and gets straight to the point. There is an extensive number of documents and pages you will received from us that will exceed 75 pages. Depending on severity and difficulty of your situation, the documents you will receive could easily be over 100 pages.
Both state and federal courts can hear Writ of Habeas Corpus petitions. As explained below federal courts depending on the evidence sometimes find and decide that a state conviction was and incarceration was unjust and order the person(s) incarcerated or wrongfully imprisoned and confined to be released.
However, deep in mind, Congress has imposed restrictions on federal courts' authority to overrule state courts in certain manner. So, a properly executed Writ of Habeas Corpus with evidence of rights to due process and any other right preserve under the United States constitution is very important.
Take note, many inmates do not actually challenge the fact of being in jail but rather the conditions of confinement. For example, claiming severe mistreatment or unlawful prison policies does not deal with the evidence that they were unlawfully incarcerated.
In this situation, an option would be to file a Civil Rights Complaint instead of filing a Writ of Habeas Corpus petition. Under the Prison Litigation Reform Act, prisoner or inmates protesting the conditions they are living in generally must first attempt to resolve the matter through available grievance procedures in that facility, so that correctional officials have an opportunity to remedy problems before any litigation gets started.
This 'Extraordinary' Writ of Habeas Corpus orders the custodian (jail, prisons, correctional facilities or any other institution of confinement, public or private) that is holding a individual or living person in custody, to produce the individual or living person before the court to make an inquiry, examination concerning his or her detention. Are they lawfully detained or have their rights been trespassed on to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum). Have they been Falsely Arrested and jailed, False Imprisoned, Unlawfully Detained, Unlawfully Imprisoned, Human Rights and Civil Rights been violated? State courts may issue such writs to prisoner custodians (jail, prisons, correctional facilities or any other institution, public or private) to produce federal prisoners.
Servicing the Writ of Habeas Corpus
Usually, the court issuing the Writ of Habeas Corpus or Habeas Corpus will announce the party to execute this extraordinary writ. The United States Marshals will do so if they are ordered to by the court. Some people forward a copy of the writ to the United States Marshal for informational purposes only, even if he or she (the Marshal) has not been ordered to execute it by the court.
When initiating the Return
Normally, during the Habeas Corpus process, the executing party will make the return once the prisoner has completed or satisfied the court-ordered appearance(s) and he or she has been returned to the original place of where they were incarcerated at. Actually, a partial return will be made when the custody of the prisoner(s) has been relinquished to another authorized party for further removal.
Any State prisoners, required to appear before a federal court to satisfy a Writ of Habeas Corpus ad prosequendum or ad testificandum, in federal criminal cases, will remain in the United States Marshal's custody until the proceedings for the Writ of Habeas Corpus that was issued concludes, if the court finds, your rights have been trespassed on and you have been Falsely Arrested, False Imprisoned, Unlawful Imprisoned, unlawfully detained and are experiencing Unlawful Detention. If so ordered by the court, you shall be released promptly in a timely and orderly manner.
In those cases where the Interstate Agreement on Detainers Act applies, after the prisoner's appearance in court for the Writ of Habeas Corpus, the court may order the prisoner to be returned to the state custodian pending further court proceedings. This is not uncommon.
In federal criminal matters, regarding the Habeas Corpus, the United States Marshals Service will provide the transportation and custody of state or federal prisoners whose production and/or presence has been commanded or so ordered.
If the Writ of Habeas Corpus has been issued by a state court, that state, then must provide for the transportation and custody of the federal prisoner whose production and/or presence it commanded and/or so ordered.
The state custodian is responsible for production and the presence of its prisoner from the state institution, and this responsibility cannot be shifted by the federal court to the U.S. Marshals Service. (See the case law: Pennsylvania Bureau of Corrections v. United States Marshals Service, 474 U.S. 34 (1985).
State authorities should retain custody of the prisoner within the federal courthouse and must produce the prisoner(s) directly before the court each day of the proceeding and house the prisoner(s) for the duration of the proceeding.
