The Habeas Corpus Writ
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.
Contact the Firm
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.
Writ of Habeas Corpus Petitions News
Federal District Judge Grants Petition for Habeas Corpus
In an unusual federal criminal decision, a federal judge from the Eastern District of New York granted a defendant’s Habeas Corpus petition on the grounds that the state court trial judge acted vindictively in rendering sentence. In the matter of...
115 Broadway, 17th Floor
New York, NY 10006
236 Domenech Avenue
San Juan, Puerto Rico 00918
Recent Developments at Sullivan & Brill
- Some Good Options for Clients Charged with Drug Crimes in Federal Court
- Read here to read about new developments on Bail in New York Criminal Defense Matters
- Click Here to read Steven Brill's Recent Interview on Hate Crimes
- Steven Brill Successfully Argued that Client Charged with Running over a 1 Million Dollar Ponzi Scheme be Sentenced to Less Time
- A Federal Investigation finds that 5 Jailed in 1995 Killing of New York City Cab Driver are Innocent
- Sullivan & Brill Retained to Represent Client Arrested and Charged with Possession with Intent to Sell Cocaine in Queens County
- Sullivan & Brill's Client Charged with RICO Conspiracy in Newburgh Latin Kings Indictment Found Not Guilty of ALL Conspiracy Charges
- Sullivan & Brill Retained to Represent Woman Charged with the Federal Crimes of Money Laundering and Conspiracy to Produce False Identification
- Sullivan & Brill attorney,Steven Brill, was Interviewed for Article in Lawyers.com. on the Stop and Frisk Policy in New York City. Click this Link to See what he Had to Say
- Sullivan & Brill's Client who was Charged with Federal Drug Conspiracy in the SDNY was Recently Sentenced to a Term Below the Sentencing Guideline Level