The latin root means “to have the body”. This writ is generally used to challenge the lawfulness of imprisonment. However, it can apply to probation or parole, bail, or even to an own recognizance release, which are analogous to custody (“constructive custody”). However, if the prison or jail term, and parole or probation has concluded, there is no provision for habeas relief.

The habeas corpus writ is not the same as an appeal. The issues in an appeal are limited to the “appellate record”. That is, all the evidence, and all the transcripts or recordings in the lower court.

A habeas corpus writ is not limited to the record, and often is used because there is some new fact or evidence that comes from outside the record. For example:

1. Challenging physical evidence that was false or presenting new evidence;
2. Challenging invalid probation or parole orders;
3. Challenging contempt orders;
4. Reaching any other issue that cannot be addressed on appeal – including ineffective assistance of counsel for failing to properly file a notice of appeal.

The habeas writ is addressed by the California Legislature starting at Penal Code section 1473.

I am passionate about the law and am very creative in applying the law to my client’s particular facts. Call my office for a consultation regarding this important legal process. It may be the most important lifeline someone in custody has.

I can file a habeas writ in any court in the State of California, and will personally appear to argue the case.

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