Habeas Copus 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 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."

As we advise our clients who seek representation in filing a Habeas Corpus Writ, one important idea to remember is that the Habeas Corpus Writ 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.  We have attached a Petition of a Writ of Habeas Corpus that the Criminal Defense Attorneys previously filed with the Eastern District of New York.  Click Here  to view it.

The Criminal Defense Attorneys at Sullivan & Brill, LLP 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 New York State proceeding should be aware of their right to file a petition for a Writ of Habeas Corpus.

Sullivan & Brill, LLP offers immediate consultations to potential clients who are interested in filing a Habeas Corpus petition. Just complete the form to the left or call (212) 566-1000 to speak to an experienced New York criminal defense lawyer.  The firm has different fee arrangements, including flat fees and hourly fees, depending on the case.

For New York State criminal cases, the attorneys of Sullivan & Brill, LLP help clients throughout New York City (NYC - Manhattan, Bronx, Brooklyn, Queens, and Staten Island), Nassau County, Suffolk County, and Westchester County, as well as the other NY counties. For federal cases, the firm's lawyers assist clients throughout the United States and Puerto Rico.

In addition to it's New York office, the firm also has an office in San Juan, Puerto Rico staffed by an experienced federal criminal defense attorney.