Los Angeles Habeas Corpus Attorney
About Habeas Corpus
In some cases, a suspected criminal offender will be arrested illegally or held in prison under unlawful terms. In order to protect the rights of these unlawfully held individuals, there exists a formal petition to contest that individual's imprisonment in the court of law. A writ of habeas corpus is this aforementioned petition and acts as a judicial mandate to prison officials ordering the review of the lawfulness of the arrest or imprisonment of a certain individual. Due to the nature of state and federal crimes, there can be certain ambiguities in the manner in which an individual is detained. These ambiguities can arise from a number of different sources including but not limited to a legal or factual error on the part of the court, the failure to meet procedural requirements, prosecutorial or judicial misconduct, or the violation of constitutional rights.
An example of misconduct in court that could be addressed with a writ of habeas corpus would be if the defendant was required to wear handcuffs or other shackles while standing in front of the jury. These shackles could have biased the jury against the defendant as the defendant appears to be dangerous and therefore must also be guilty. If you believe that you have been unlawfully imprisoned, you should contact a Los Angeles criminal defense attorney immediately. In unlawful imprisonment situations, the longer you wait to take legal action, the less of a chance you have of having your habeas corpus petition granted.
Habeas Corpus Lawyer in Los Angeles
At Martinian & Associates we have an in-depth knowledge of the laws and procedure surrounding a habeas corpus petition. Our attorneys will work closely with you throughout this complex process and help ensure that you file your petition correctly. Your personal rights should never be taken advantage of and an individual should never be imprisoned wrongfully or under false pretenses.