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Writ of Habeas Corpus

Being jailed or imprisoned unlawfully is every person's nightmare. The writ of habeas corpus serves as a fundamental safeguard against unjust detainment. This powerful legal remedy enables detainees to challenge their confinement in court when due process has been denied.

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At Chestnut Law Group, our experienced South Florida habeas corpus lawyers have an in-depth understanding of this critical constitutional protection.

We regularly assist clients seeking habeas relief in Miami-Dade, Broward, Palm Beach and across Florida.

What is Habeas Corpus?

A writ of habeas corpus is a court order demanding that a person being detained be brought before a judge. It requires the custodian (usually a prison warden) to provide a legal justification for the imprisonment.

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This cherished civil liberty has its roots in English common law. The term literally means "you have the body." It provides prisoners an essential right to contest the legality of their custody.

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Habeas corpus is enshrined in the U.S. Constitution's Suspension Clause. It can't be suspended unless public safety requires it in times of rebellion or invasion. The writ establishes vital due process against arbitrary arrest and imprisonment without trial.

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When to File a Habeas Petition in Florida?

There are important deadlines for seeking habeas relief in Florida. State prisoners generally have two years after a conviction becomes final to challenge it. Federal prisoners typically have one year from when their conviction is final to file.

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Grounds for Habeas Corpus Relief

Not every prisoner has a valid claim for habeas corpus relief. But the writ provides a critical path to justice when your fundamental rights have been violated, such as:

  • Actual innocence due to new exculpatory evidence

  • Ineffective assistance of counsel

  • Prosecutorial misconduct

  • Unconstitutional sentence

  • Denial of right to appeal

  • Illegal detention without formal charges

 

The Burden of Proof for Habeas Petitions

The burden is on the petitioner to prove their confinement is unlawful. Our habeas corpus lawyers can help investigate the facts, apply the complex laws, and present compelling evidence to satisfy strict legal standards.

Frequently Asked Questions

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What exactly is a writ of habeas corpus and why is it important?

A writ of habeas corpus is a legal order that requires the government to justify its detention of an individual. Often referred to as the "Great Writ," it is considered one of the most important safeguards of individual liberty in the American legal system. The writ is enshrined in the U.S. Constitution and ensures that no one can be imprisoned unlawfully. At its core, a habeas petition asserts that the prisoner's custody violates constitutional rights or laws. When filed, the court reviews the lawfulness of the detention, forcing the government to legally justify depriving the individual of liberty. If the detention is found to be unlawful or in violation of procedural rights, the court can order the prisoner's release.

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Who can file a petition for habeas corpus?

Any person who believes they are being detained unlawfully can file a petition for a writ of habeas corpus. Most commonly, state prisoners file habeas petitions in state court, while federal prisoners file in federal court. The petition must be filed in the court having jurisdiction over the prisoner's place of confinement. Habeas corpus can be used to challenge awaiting trial detention, conviction, capital punishment sentence, or the conditions surrounding parole and probation. Someone filing on behalf of an unjustly detained individual can pursue habeas relief.

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What are the time limits for filing a habeas petition?

For state prisoners, there is usually a filing deadline of one to two years after the final conviction, depending on the state. Federal prisoners have one year from the latest of: the date the conviction became final, any government impediment to filing is removed, the right asserted is initially recognized by the U.S. Supreme Court, or - if based on new evidence - the date the evidence could have been discovered. Procedural complexities, including exhaustion of remedies, make consulting an experienced habeas attorney essential.

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What are common reasons habeas relief is granted?

Reasons for granting habeas relief include: actual innocence; ineffective assistance of counsel; prosecutorial misconduct; suppression of exculpatory evidence; unconstitutional sentence; denial of due process rights; and illegal detention without formal charges or trial. However, any violation of detention procedures or infringement of constitutional rights can provide grounds for relief. An attorney experienced in habeas law will determine what bases for the writ apply to your situation.

An Experienced Habeas Corpus Attorney for Florida Prisoners

Don't waste precious time - statutory deadlines wait for no one. The skilled habeas corpus lawyers at Chestnut Law Group are here to fight for your freedom. Contact us today to explore your options. We provide aggressive and compassionate representation to clients throughout South Florida.

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