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Writ of Habeas Corpus

During any Arizona criminal case, there may be a point when it is necessary to file a writ of Habeas Corpus. This Latin term simply translates to, “that you have the body” and is used in instances where there is concern that a defendant’s imprisonment may be against the law. The motion used to file is called a Writ of Habeas Corpus, and it is most frequently used to ensure that a person’s commitment or arrest falls within the laws outlined by the Arizona state or federal laws. In certain instances, Habeas Corpus may also be used to receive a review of the jurisdiction of a court that has established a criminal sentence or to examine the regularity of the judicial process. It may also be used to obtain a review of the right to or specific amount of bail set for a defendant’s release.

At any point of the criminal proceedings following a person’s charge and arrest, we may file a Writ of Habeas Corpus. However, this is most frequently done after a defendant has exhausted all of their Appellate rights and following the denial of all Post Conviction Relief Petitions. It is important to note, however, that within the federal system a PCR is commonly understood to be a USC §2254 or a USC §2255.

An Arizona Attorney may file a writ of habeas corpus early in a defendant’s case if there is a concern that they are being held without bond. Those who have an unconstitutionally high bond set may also benefit from this motion being filed. Due to the complexities of filing a Habeas Corpus and the seriousness of being imprisoned illegally, it is important for you to schedule an appointment with our law firm as soon as possible so that we can begin examining the details of your case.

Although you have rights granted to you by the U.S. Constitution that are expected to be upheld in the courts through local and federal laws, there are times when it is necessary to file a motion to make sure you receive proper treatment throughout every stage of handling your case. This is of particular concern if your incarceration has not been handled correctly by judicial system by which you have been sentenced.

At DM Cantor, our team consists of ex-prosecutors who are listed in the Bar Register of Preeminent Lawyers®. If you need assistance with your Habeas Corpus appeal, then contact an Arizona Attorney at DM Cantor at 602-397-0808 or you can click here to fill out our free online form for a consultation today.

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