The Law Offices of Lemarr E. Carver: Beaverton Habeas Corpus Attorney:
What Does Habeas Corpus Mean?
You have likely heard the legal term habeas corpus before. However, you might not know how it relates to your case or what it even means. The term itself is Latin and literally means, “you have the body.” It is in actuality a court order or writ that instructs law enforcement officials, such as a sheriff, the police or prison administrators, to appear in court with a prisoner who is being held unlawfully in jail or prison.
How is the Writ or Court Order Created?
A Beaverton Habeas Corpus Attorney like The Law Offices of Lemarr E. Carver creates a petition on behalf of someone who is imprisoned unjustly or by the person themselves. The habeas corpus petition is presented to a judge who presides in the district or county where the prisoner is presently incarcerated. The judge will set a hearing after receiving the petition. This hearing will determine if the prisoner is being held unlawfully. Although most of the time habeas corpus is utilized, it’s in criminal cases where someone is being held in prison, it can be used in family law by a parent who is being denied custody of their child.…show more content… There are many elements that go into illegal confinement. A few include holding a prisoner without charges, bail that is excessive for the charge, due process being denied, or them being held when parole has been granted and the person is still
