To prevent authorities from abusing their power, detained individuals have the power to petition for a writ of habeas corpus. A writ of habeas corpus forces the authorities to bring the individual to court and prove to the judge why they need to be detained. They might have to present evidence to prove that a crime occurred.
After hearing the case, the judge might decide to release the individual or reduce their sentence. The judge might also end their confinement if they feel that the individual has been subjected to illegal conditions. If the judge feels that they need additional evidence, they might issue a subpoena.
The U.S. Constitution decrees that inmates have the right to petition for a writ of habeas corpus. If an inmate wishes to file a petition, they might want to seek assistance from a criminal defense lawyer. Since the courts receive hundreds of petitions each year, a professionally written petition has a better chance of being allowed to proceed.
How should an individual proceed after receiving criminal charges?
An individual can receive criminal charges after being accused of assault, burglary, sex crimes, fraud, domestic violence, driving under the influence, murder or another illegal act. Criminal charges can come with hefty penalties including massive fines and years of jail time. As a result, people can lose years of their lives sitting in prison and challenging the case in court.
To build the strongest case possible, an accused party might wish to speak with an attorney. The attorney may be able to build a case and negotiate for reduced jail time. If a person feels that they’ve been detained illegally, they might be able to petition for a writ of habeas corpus. Additionally, the attorney may be able to post their bond so that they can be released before the trial begins.