If you have been imprisoned following a trial in which there was an obvious legal error or disregard for fact, contact the Clearwater criminal defense lawyers of the Law Offices of Tragos, Sartes & Tragos at 727-441-9030 to discuss the details of your imprisonment and case. The Writ of Habeas Corpus is a legal way for an inmate to be released from prison. It is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not the inmate is imprisoned lawfully and whether or not he should be released from custody. Habeas Corpus means “you have the body”.

If the Writ is Accepted

When the writ is accepted, it involves a judge hearing the case of the inmate to determine if there was a degree of bias or something else introduced by the prosecutor that spoiled the trial process for the now-convicted individual. As this is true, a petition for a writ of habeas corpus must show that the court which ordered the imprisonment made a legal or factual error. The petition may be filed by a person objects to his own or another’s imprisonment.

The Supreme Court recognizes that the writ is the “fundamental” instrument for “safeguarding individual freedom against arbitrary and lawless state action.” It is an important check on the way in which state courts pay respect to rights granted by the federal constitution.

Where This Comes From

The writ of habeas corpus is found only in Article I, Section 9 of the United States Constitution. Here, it says that the writ may not be suspended except in times of rebellion, invasion, or when public safety demands it. The writ has only been suspended once in the entire history of the United States. This was by Abraham Lincoln during the Civil War.

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