What Is a Writ of Habeas Corpus?

Aaron Spolin

Michigan habeas corpus attorney Aaron Spolin has proven steps that win cases. His skilled legal team at Spolin Law P.C. fights for the rights of every client.

A habeas corpus is a writ (request to the court) that challenges the imprisonment of the petitioner. By filing a Petition for a Writ of Habeas Corpus, you are requesting a higher-level court to order a lower-level court, government agency, or government official to bring you before the court to argue the issues you allege in your petition.

Within a Writ of Habeas Corpus, you petition the court to review the circumstances that led to your imprisonment and, when appropriate, alter those circumstances. When the court approves your petition, the law enforcement agency that is in charge of your detention must prove that your incarceration is lawful and valid. The government must also prove the conditions of your incarceration are appropriate and do not violate human or civil rights.

A Writ of Habeas Corpus challenges the legality of your incarceration. It seeks to find radical defects in your imprisonment and render a judgment or proceeding completely void. If the legal basis for incarceration is found to be invalid, then a judge must order your release from confinement.

A Writ of Habeas Corpus is an Alternative Remedy

A Writ of Habeas Corpus is not available when other adequate remedies, such as a direct appeal, are available. Generally, a Petition for a Writ of Habeas Corpus will not be granted if there are other remedies available. It is only available to remedy a radical defect in a court’s decision.

The Michigan Court Rules state that a Petition for a Writ of Habeas Corpus may not be granted on grounds that could have been raised on appeal or in other motions, such as the 6.500 Motion (Motion for Relief from Judgment). However, the petition may be granted if the defendant demonstrates good cause for the failure to bring those arguments through other methods and there is actual prejudice to the defendant.

Habeas Corpus is a Civil Proceeding

In Michigan, habeas corpus is a civil proceeding, rather than criminal. A habeas corpus may be obtained through a motion in a pending civil action. Since it is not a criminal prosecution within the Sixth Amendment to the Constitution, the petitioner does not have an automatic right to appointment of legal counsel if they cannot afford a private habeas corpus lawyer.

Deadline to File a Petition for a Writ of Habeas Corpus

While there is no specific deadline to file a Petition for a Writ of Habeas Corpus in Michigan, it should be done as soon as possible after you have exhausted other remedies. If there is a significant delay, the court may view the extent of time in a negative manner.

The best way to handle this situation is to consult with a Michigan habeas corpus lawyer as soon as possible. The law firm of Spolin Law P.C. is ready to evaluate your case and explain your rights. Call us today at (866) 606-7992.

  1. What Is a Writ of Habeas Corpus?
  2. When You Should Consider a Writ of Habeas Corpus
  3. What Can a Michigan Writ of Habeas Corpus Do?
  4. Potential Arguments That Can Get Your Petition Granted
  5. A Habeas Corpus Attorney Can Help You Win Your Case

When You Should Consider a Writ of Habeas Corpus

A Writ of Habeas Corpus is appropriate for anyone who is wrongfully incarcerated or otherwise restrained of their liberties. Confinement in prison is not necessary. A writ is available to anyone who is unlawfully restrained by private organizations (such as a mental institution) and public authorities, including the military. This includes people restricted by parole.

You should consider filing a petition for a Writ of Habeas Corpus when:

  • You are unlawfully imprisoned
  • Your detention is unlawfully prolonged
  • The law enforcement agency refuses to provide a bond hearing
  • You were unlawfully denied bail bond
  • You are suffering unlawful conditions during incarceration, such as inadequate shelter, sustenance, or medical care

Generally, to obtain habeas corpus relief, a defendant must:

  • Be in custody
  • Be entitled to immediate release if the petition is successful
  • Have no other legal procedure to get the relief requested

The grounds for a petition are not defined by statute but are established under Michigan law. Because the purpose of the petition is to gain the release of an unlawfully detained person, the reasons that justify the writ are narrowly defined. Michigan appeals attorney Aaron Spolin discusses these reasons below in the Arguments that Justify the Defendant’s Immediate Release section.

To find out if there are grounds for a writ of habeas corpus in your case, contact Mr. Spolin and his legal team at Spolin Law P.C. at (310) 424-5816.

  1. What Is a Writ of Habeas Corpus?
  2. When You Should Consider a Writ of Habeas Corpus
  3. What Can a Michigan Writ of Habeas Corpus Do?
  4. Potential Arguments That Can Get Your Petition Granted
  5. A Habeas Corpus Attorney Can Help You Win Your Case

What Can a Michigan Writ of Habeas Corpus Do?

A Writ of Habeas Corpus can correct wrongs that occurred at trial or during incarceration. A successful Petition for a Writ of Habeas Corpus can:

  • Order a law enforcement agency to release you from prison
  • Define your rights and order a law enforcement agency and prison to respect those rights
  • Order illegal conditions in prison to be corrected or cease
  • Reduce the duration of your imprisonment
  1. What Is a Writ of Habeas Corpus?
  2. When You Should Consider a Writ of Habeas Corpus
  3. What Can a Michigan Writ of Habeas Corpus Do?
  4. Potential Arguments That Can Get Your Petition Granted
  5. A Habeas Corpus Attorney Can Help You Win Your Case

Potential Arguments That Can Get Your Petition Granted

The habeas corpus lawyers at Spolin Law P.C. discuss arguments they can use in a client’s case. Every detail will be used to benefit the client

The habeas corpus lawyers at Spolin Law P.C. discuss arguments they can use in a client’s case. Every detail will be used to benefit the client.

There are many arguments that can be used to get your Petition for a Writ of Habeas Corpus granted. In most cases, multiple arguments will be used to achieve success. These arguments will be based on errors that occurred before, during, and after your trial and incarceration.

Some possible arguments you can make to support a Writ of Habeas Corpus include:

  • Law violates the U.S. Constitution
  • Prison conditions violate your civil rights
  • Lack of grand jury indictment
  • Violation of due process
  • Lack of speedy and public trial
  • Inability to confront witnesses against you
  • Ineffective assistance of counsel
  • Prosecutorial misconduct
  • Jury misconduct
  • Judicial misconduct
  • Newly discovered evidence
  • Actual innocence
  • Legal incompetence
  1. What Is a Writ of Habeas Corpus?
  2. When You Should Consider a Writ of Habeas Corpus
  3. What Can a Michigan Writ of Habeas Corpus Do?
  4. Potential Arguments That Can Get Your Petition Granted
  5. A Habeas Corpus Attorney Can Help You Win Your Case

A Habeas Corpus Attorney Can Help You Win Your Case

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The Spolin Law P.C. legal team will analyze every aspect of your case to develop solid legal arguments that help you win.

Award-winning habeas corpus attorney Aaron Spolin is a former prosecutor and criminal defense lawyer who knows both sides of the criminal justice system. His team at Spolin Law P.C. can discuss your options and determine if you are eligible to file a Petition for a Writ of Habeas Corpus. After reviewing your records, we will develop targeted strategies to fight for you to win.

The steps Spolin Law P.C. takes to win a Petition for a Writ of Habeas Corpus include:

  • Analyzing the Court Record for Errors: We will dive deep into court records and trial transcripts to determine if your rights have been violated. This information will be used to support arguments in your case.
  • Developing Legal Arguments: With vast knowledge of Michigan and federal law, our habeas corpus lawyers formulate every possible argument in your case. We discover things that others may overlook.
  • Striving to Obtain Your Release from Prison: One of our goals when filing a Petition for a Writ of Habeas Corpus is to get you released from prison. We want you to be home with your loved ones.

A successful Petition for a Writ of Habeas Corpus requires experience with the law and the legal system. Award-winning Michigan lawyer Aaron Spolin is consistently recognized as one of the best in this area of law.

Spolin Law P.C. has a strong success rate. Contact us via our online form or call (866) 606-7992 to discuss your case.