Criminal Law

Overview

Felony

Misdemeanor

Appeals

Habeas Corpus

Sex-Offense (Forcible)

Sex-Offense (non-forcible)

A person who has been convicted, sentenced to imprisonment, and incarcerated may apply to a court for a writ of Habeas Corpus, a court order to release the defendant from imprisonment. (Habeas corpus is a Latin phrase meaning "you have the body.") Through such a writ the individual tests the legality of his or her detention and seeks to redress fundamental defects in the process leading to conviction. The grounds for granting relief (release from detention) under the habeas corpus writ are limited and vary slightly depending on the jurisdiction. Many jurisdictions limit the scope of the habeas corpus writ to situations in which the convicting court lacked jurisdiction over the defendant or over the crime. Others grant relief in circumstances in which the conviction was obtained in violation of the defendant's constitutional rights and there is no other remedy to correct the violation.