Filing a Petition for Write of Habeas Corpus

David S. Mejia's Louisville Criminal Defense Blog

Posted 2019-03-20

What is Habeas Corpus?

In a literal sense, the term Habeas Corpus means “you have the body”, and in application for legal terminology it is a judicial order made to the detaining official ordering the inmate to be brought in before the court.

What right does Habeas Corpus Grant?

When filing a Habeas Corpus petition, the imprisoned individual seeks a release as a judicial mandate to the prison official. They are requesting that the inmate be brought to the court to determine whether or not they are being imprisoned lawfully, and whether or not they should be released from imprisonment.

Filing the Petition for the Writ of Habeas Corpus

When filing a petition with the court, an individual must show that the court has made a legal or factual error when ordering a detention or imprisonment, thereby violating the individual’s constitutional rights.

Both individuals held in state and federal prisons, or legal representatives of these individuals, can file a written petition in federal court seeking a “writ of habeas corpus”.

The filing process requires meeting very strict and specific guidelines and grounds that are both substantive and technical. Filing can only be done while adhering to strict time frames, require extensive knowledge of constitutional laws, state and federal criminal laws and procedures, as well as applications and interpretations of precedent federal law cases into the petition application.

Hiring an Experienced and Knowledgeable Attorney

Because filing a writ of habeas corpus is a complicated and delicate process, it’s extremely important to have a knowledgeable and experienced legal professional by your side. David Mejia has over 30 years of legal experience in both federal and state courts, and has extensive knowledge in filing petitions for Writ of Habeas Corpus.

Contact David Mejia with any questions and see if your specific case qualifies for the filing of a writ of habeas corpus.