Understanding the writ of habeas corpus
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A wrongful conviction can easily become a person’s worst nightmare- especially if you are on foreign soil.
If in case you are faced with this situation- panic can course through your body and you may not know what to do or who to ask help from.
It’s a normal reaction, given that you are confident that what happened was a misjudgement.
Individuals are often stripped of the right to defend themselves when they are put under detainment. For immigrants who are looking forward to stepping on US soil to live and work and suddenly be faced with such a dilemma, this can put off their dreams of a fresh start.
If you are in this situation, then immigration appeals experts like Spolin Law P.C can come to your aid. However, it is still important to understand how a writ of habeas corpus works so that you are aware of how you can protect your rights if faced with this scenario.
The Writ Of Habeas Corpus Defined
The Latin phrase Habeas Corpus, when translated, means “produce the body”.
In US Federal Law, the popular term refers to a court order that seeks a public official or the officer who imprisoned an individual, to bring the latter to court for a review of their case.
Hence, to produce the body means to present the detainee or prisoner in front of a judge to determine whether the imprisonment is valid or not.
How Does It Function In The US Law Today?
Every now and then, we hear news of individuals being detained without being properly charged. As the different US States follow different local laws, it becomes a huge factor in why a person can be detained under that specific state.
Once under detainment, the individual is often without any opportunity of defending themselves or to protest their imprisonment. Often, this happens even with no clear charge against the individual.
This is especially true for immigrants who are put into detention after being denied entry to the United States.
The immigration process is already meticulous on its own, but when an immigrant is put under detainment- then that’s a whole other ordeal.
Detainment may stem from several reasons. The most common ones are visa violations, unauthorized entry and illegal arrival.
This is why the US lawmakers sought a way to prohibit power abuse by including a specific clause included in the Constitution, known as the Habeas Corpus, to ensure that the right of an individual is observed and protected.
How Can An Immigration Appeals Lawyer Help?
In the case of detentions brought about by immigration problems, the best person to help you is an immigration appeals lawyer from firms such as Spolin Law P.C.
Overturn a conviction with the help of experts with a full understanding of how the law works and can successfully win a writ of habeas corpus so you can be released from detention in the soonest time possible.
