Habeas Corpus And Your Florida Criminal Case

Students in civics classes tend to associate the Fifth Amendment with the right to avoid incriminating yourself, but there is more to the Fifth Amendment than that; it does more than just grant you the right to plead the Fifth when lying would get you into even worse trouble.  The Fifth Amendment also contains the due process clause.  It states that the state does not have the right to deprive any person of “life, liberty, or property,” except by due process of law.  One manifestation of this is the protection against illegal search and seizure of your property, as codified in the Fourth Amendment.  Another is the right to a fair trial, as described in the Seventh Amendment.  Yet another scenario where the state must observe due process of law is when detaining people who have not been convicted of crimes.  When this happens, sometimes a writ of habeas corpus is the solution.  If you are being unfairly detained during the pendency of your criminal case, contact a Tampa criminal defense lawyer.

What Is a Writ of Habeas Corpus, and How Do You Get One?

Habeas corpus is an old legal concept, predating the founding of the United States.  The phrase “habeas corpus,” which means, “may you be in possession of the body,” appears in the Magna Carta, a document written in England in 1215 by King John.  The Magna Carta limits the king’s powers, and the habeas corpus clause says that the king does not have the right to detain or imprison anyone without due process of law.

The concept of habeas corpus today in the United States is the same, namely that the state cannot imprison or detain you without due process.  If you are being unfairly deprived of liberty, you can petition a federal civil court for a writ of habeas corpus.  The federal civil court will determine whether the court that ordered your detention or incarceration observed due process, and if it did not, the federal civil court will order your release.

Maybe There Is a Simpler Solution

Many petitions for writs of habeas corpus arise from immigration court or military court cases; in the former case, immigrants undergoing deportation proceedings claim that they have been unfairly detained while their cases are pending, and in the latter case, people detained outside the United States as a result of actions by the U.S. military request their release.  It is possible to invoke the right of habeas corpus in a criminal case if you are being unjustly imprisoned or detained, but in practice there are simpler solutions that do not require you to ask another court to interfere in the affairs of the criminal court.  For example, you can appeal your sentence or conviction or request a bail hearing.

Contact Tampa Criminal Defense Attorney Bryant Scriven

A criminal defense lawyer can help you if you are being unjustly held without bail while facing criminal charges.  Contact Scriven Law in Tampa, Florida to schedule a consultation.

Source:

law.cornell.edu/wex/habeas_corpus#:~:text=A%20writ%20of%20habeas%20corpus,holds%20the%20defendant%20in%20custody.