Does the official detaining you have sufficient legal grounds to do so? If not, a writ of habeas corpus could get you released from your imprisonment. Call Patituce & Associates today for a no-cost consultation to discover if this post-conviction relief option is available for you.
Our Toledo habeas corpus attorneys can help you craft a compelling case to prove that you are being unlawfully deprived of your freedoms. If your constitutional rights are being violated, we are here to fight to make things right.
When to File a Writ of Habeas Corpus
Generally, you would file a writ of habeas corpus after you have received an unfavorable outcome on an appeal. Unlike a direct appeal, habeas corpus does not involve requesting a higher court review the trial proceedings of a lower court to determine if a legal error occurred that impacted the outcome of the case.
Instead, a writ of habeas corpus is a request for the court to decide if the official who is keeping you in custody has the proper legal authority for such actions. So, the question in a habeas corpus case is not whether you are guilty or innocent, but rather whether or not your imprisonment is lawful.
Understanding the Habeas Corpus Process
Like most post-conviction relief options, the process of habeas corpus begins with submitting a petition to the court. To file, you must currently be in custody and have exhausted all other legal avenues of release. The petition must contain where you are being imprisoned and who is detaining you.
Many times, a judge will require you and the official to attend a hearing. During this hearing, you can challenge the legality of your detention. We strongly encourage you to have a legal representative with you during this meeting. You will be required to present evidence as to why your imprisonment is unlawful.
Our legal team knows the laws that pertain to these types of cases, and we have a strong track record of success in proving our clients are being illegally detained.
When a Court Orders Your Release
The goal of habeas corpus is to get out of jail. If a judge determines that the official detaining you is doing so unlawfully, the judge has the authority to demand your release. If the individual does not comply with the judge’s order for your release, they can be fined.
Rely on Our Skilled Toledo Habeas Corpus Attorneys!
The Toledo habeas corpus lawyers at Patituce & Associates are ready to help you challenge your imprisonment. With over 70 years of combined experience, we know how to build a strong case on your behalf. If you are being unlawfully imprisoned, we are determined to stop at nothing to get you released. We refuse to lose.