Writ of Habeas Corpus

orlando criminal trial attorney

Historically speaking, the writ of habeas corpus is a unique legal concept that traces its roots back to medieval times. Written in the famous Magna Carta, which was the basis for many of the freedoms citizens enjoy in the United States, that famous document outlined a specific right to be free from illegal detention. Known as the writ of habeas corpus, this legal concept prevents the government from arresting or detaining anyone illegally against their will.

There have been circumstances where the government suspended the writ of habeas corpus, such as when Abraham Lincoln was president during the Civil War; but for the most part, the United States’ federal government has consistently upheld this right. Even still, illegal detentions and arrests can happen.  Whenever anyone is jailed illegally, that subject could technically argue under habeas corpus that they were deprived of their Fourth Amendment rights, making it essential to hire an experienced criminal defense attorney.

Exploring Habeas Corpus

Examining the etymology of the phrase “habeas corpus” in greater depth, the phrase itself is a Latin phrase essentially meaning, “have the body in court.” This phrase is important to understand because it specifically outlined a greater cause for those being illegally imprisoned.

Aside from preventing tyrannical imprisonment of citizens without due process, a right which is upheld by the Sixth Amendment, it also implies there has to be proper legal representation, which is also upheld by the Bill of Rights.

If any of the following things were to occur to a U.S. citizen, they would constitute violations of habeas corpus:

  • Detention without reasonable suspicion
  • Arrest without probable cause
  • Imprisoned without court hearing

Those are the essential elements of what constitutes violations of habeas corpus, and presence of these kinds of issues is a major violation of not only the writ of habeas corpus, but the Constitution itself.

Contemporary Controversies

Although this is a longstanding rule that has been a part of the constitution for a long time, there are a lot of controversies that are present which many people contend routinely violate the writ of habeas corpus. Under United States law, all persons imprisoned have due process. Things have changed with the advent of the War on Terror, where many legal experts contend the United States government has detained and imprisoned individuals without due process. Part of their reason for doing so is according to the idea that:

  1. These individuals are enemy combatants
  2. In time of war, habeas corpus can be rescinded
  3. These detainees have no legal right to due process

Many Americans fear that just as these detainees have been imprisoned, so too could United States citizens.

While Americans rarely suffer violations through false prison sentences, even a traffic stop done by your local police department without legal justification can be considered a violation of 4th Amendment rights, and by proxy, the writ of habeas corpus.

Defend Your Civil Rights With an Orlando Habeas Corpus Attorney

At the Umansky Law Firm, we know what it takes to defend victims of Fourth Amendment violations. We have defended countless clients like yourself, and we can do the same for you.The writ of habeas corpus is a fundamental American legal precedent. Don’t let violations of your rights go unchallenged. Let the Umansky Law Firm fight for your freedom and reputation in a court-of-law.

Led by the husband-and-wife team of Zahra and William D. Umansky, our team brings more than 100 years of legal experience to the table. Give us a call 24/7 at (407) 228-3838 or complete our online contact form today.