What is habeas corpus? What does it do? Is it any different for criminal cases compared to immigration cases? Despite the importance of habeas corpus and the answers to the questions that surround it, not many people actually know what it is—and how it can protect their rights. That’s why Attorney Christina Williams of Just Criminal Law recently sat down with legal storytelling specialist David Mann to discuss some of the most important things about habeas corpus that everyone should know.
What is Habeas Corpus?
In summary, habeas corpus is a legal procedure that is meant to guarantee a person’s right to a fair hearing before being imprisoned or detained for an unreasonable or unlawful amount of time. As Attorney Williams explained, it is a Latin phrase that more or less translates to “to hold the body,” referring to the government’s ability or inability to hold or detain someone.
Habeas Corpus & Criminal Cases
In criminal cases, a writ of habeas corpus asks the court to reopen a case and potentially approve a new trial for the accused and/or convicted. This writ cannot be used just because a defendant didn’t like the outcome of their case. Instead, it can be justified when there are errors or legal issues with the first trial, or when important new evidence comes to light that could fundamentally change the case outcome.
For example, if a witness later says that they testified falsely under oath during a criminal trial, the defendant’s attorney could file a writ of habeas corpus with the court.
Habeas Corpus & Immigration Cases
Habeas corpus takes a different form in immigration cases. A writ of habeas corpus could be filed by an immigration attorney to notify the court that their client has been detained unlawfully on immigration-related grounds. Usually, this step is taken when someone who is in immigration custody has not been given a hearing date but has still been kept in jail or an immigration detention facility.
In her conversation with David, Attorney Christina Williams shared a recent story about one of her clients. Her client was arrested for a DUI and put on an ICE (Immigration and Customs Enforcement) hold for no apparent reason. As she explained, he is not an undocumented person, so his arrest should not have involved ICE at all. She was able to invoke habeas corpus to have the ICE hold lifted and is now working to protect her client from the DUI charge. Importantly, even if he is eventually convicted of a DUI or accepts a plea deal, a DUI conviction is not grounds for deportation, which further underscores why it was so inappropriate for him to be detained by ICE and not given a hearing date.
Learn More About Habeas Corpus
To learn more about habeas corpus and how it applies to criminal cases and immigration cases, visit the YouTube channel of Just Criminal Law by clicking here and browsing our videos, including those featuring Attorney Christina Williams and David Mann.
If you need the help of a criminal defense attorney in Gillette, Wyoming, who understands how to fight for your rights, call (307) 300-2240 or contact our firm onlineat any time.