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Ohio Habeas Corpus

Call now:  440-777-1177

 


What is Habeas Corpus?

Habeas Corpus is a request, called a writ, made to the court that states that a person is being held in jail or prison unlawfully.

The request is made to a court that can help.  If the person held illegally is there because of a court's action, then the writ is filed with the court that supervises the sentencing court.  For example, a writ against a mayor's court can be filed with the local municipal court or the court of common pleas for the county.

The judge assigns reviews the case and may order immediate release.  The judge may set it for a hearing where the parties come in and argue why the person should or should not be held.

There has to be some illegality.  For example:

  • Your party has been held more than seventy-two hours without charges being brought.

  • Your party was sentenced on a probation violation due to being arrested but not found guilty of another crime.

  • Your party is being held in a mental health facility against their will without the required hearings.

  • Your party is being held on suspicion of immigration issues when there are no issues.

  • Your party is being held beyond the statutory limit.

  • Your party is being held due to a disciplinary action.

  • Your party is being held on excessive bail.

  • Due process has been denied.

Can you win a habeas corpus petition?

Until you call, I can't tell.  Even then, it will be the decision of the judge, not me.  If your facts show that there are problems with your issue, maybe I can help you.

 

Call now:  440-777-1177