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Writ of Habeas Corpus Petitions

Appeal Attorneys in New York

Habeas Corpus is technically defined as "may you have the body." A writ of habeas corpus is a judicial mandate to a prison official, usually the warden, ordering that an inmate be brought to the court so it can be determined whether or not that person is unlawfully detained and whether or not he or she should be released from custody. A Habeas Corpus Writ is filed with a federal court once the defendant's state appellate remedies have been exhausted. The U.S. Supreme Court, in a 1969 opinion, said that the Habeas Corpus Writ is "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action."

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As we advise our clients who seek representation in filing a Habeas Corpus Writ, one important idea to remember is that it is not a federal appeal. In other words, a federal court has no supervisory authority over criminal proceedings, such as a trial, in state courts. The only standards a federal court that hears a Habeas Corpus Writ can impose on the states are those dictated by our Constitution.

Fight for Your Freedom with Sullivan Brill

Our attorneys at Sullivan Brill have solid experience in researching and filing Writs of Habeas Corpus. Any defendant who has been convicted of a New York state crime in a proceeding should be aware of their right to file a petition for a Writ of Habeas Corpus.

We have the experience and skill you need to successfully navigate this field. Contact us today and we will begin pursuing your legal matter.