Habeas Corpus: Ask an Orlando Criminal Defense Lawyer
What is Habeas Corpus? Look at Florida Statute 394.9215. It states that the Court may release a person from secure detention if the court finds that no relief short of release will remedy the violation of state or federal rights which is found to have occurred. In other words, a successful Habeas Corpus petition may result in the release of an inmate if release is the only remedy.
When can you file for? “Any time after exhausting all administrative remedies, the person held in a secure facility may file a petition for habeas corpus in the circuit court for the county in which the facility is located.”
What must the petition allege?
“The person’s conditions of confinement violate a statutory right under state law or a constitutional right under the State Constitution or the United States Constitution.
“The facility in which the person is confined is not an appropriate secure facility, as the term is used in statute 394.915.”
The Petition includes Prima Facie Case:
A petition for Habeas Corpus should make out a prima facie case as described by the statute in order to be legally sufficient. “If necessary a court may conduct an evidentiary proceeding and issue an order to correct a violation of state or federal rights found to exist by the court.”
Appeal on Habeas Corpus Denial:
If your petition is denied, you may appeal a final order to the District Court of Appeal. A nonfinal order is more difficult to appeal but may be appealed “to the extent provided by the Florida Rules of Appellate Procedure.”
In Sum: In summary, a petition may be appropriate under the right circumstances and may allow for the person to be released from confinement where their rights are being violated. Consult with a criminal defense lawyer to help you understand your options.