Being jailed or imprisoned should never mean giving up your legal rights. If you—or someone you love—is being held in custody unlawfully, you may have a powerful legal tool at your disposal: a writ of habeas corpus. This Latin phrase means “you shall have the body,” and it refers to your constitutional right to challenge unlawful detention.
At Simmons Wagner, LLP, we help individuals throughout Southern California pursue post-conviction relief and fight unjust incarceration. A writ of habeas corpus is one of the most critical safeguards in our justice system—but it’s also one of the most misunderstood. Here’s what you need to know.
What Is a Writ of Habeas Corpus?
A writ of habeas corpus is a formal request to the court demanding that the state justify a person’s imprisonment. It gives detainees the opportunity to argue that their detention is unlawful due to:
- A constitutional violation during trial or sentencing
- New evidence proving innocence
- Ineffective assistance of counsel
- Improper conduct by the prosecution
- A court error that deprived the defendant of due process
This legal remedy isn’t about retrying the case. Instead, it focuses on serious legal or constitutional errors that occurred during the original process.
Who Can File a Habeas Petition?
In California, a habeas corpus petition can be filed by:
- A person currently in custody (jail, prison, or detention)
- An attorney acting on behalf of someone in custody
- In some cases, a loved one or legal guardian
You do not need to be a U.S. citizen to file a habeas petition. Many non-citizens in immigration detention also use habeas corpus to challenge wrongful or prolonged ICE custody.
When Is a Writ of Habeas Corpus Appropriate?
You may have grounds for a writ of habeas corpus if:
- You’ve already been convicted and your appeals were denied, but new legal grounds have emerged.
- Your trial attorney failed to present critical evidence or perform adequately.
- Prosecutors suppressed exculpatory evidence (a Brady violation).
- You’re serving an unlawful sentence, or the court lacked jurisdiction.
- There has been an unreasonable delay in a criminal proceeding or sentencing.
- You’re being held in jail without formal charges being filed.
It’s not enough to simply claim injustice—you must present evidence showing how your detention violates the law or your rights.
What Happens After You File?
Once a habeas corpus petition is filed in California state court, the judge will review it and decide whether there’s enough reason to issue an “order to show cause.” If the court agrees, it will require the government to respond to the allegations.
The process may involve:
- Submitting legal briefs and supporting evidence
- Holding a hearing to present testimony or arguments
- A final ruling—either granting or denying relief
If the writ is granted, the court may order a new trial, reduce a sentence, or release the individual from custody entirely.
Why You Need a Skilled Attorney
Habeas corpus petitions are highly technical and procedurally complex. Courts reject many petitions on technicalities alone—such as improper filing, failure to raise issues earlier, or lack of supporting documentation.
At Simmons Wagner, LLP, we know how to build a compelling case that focuses on legal errors, newly discovered evidence, or violations of constitutional rights. We also understand how to navigate the time-sensitive nature of these cases and avoid common procedural traps.
Don’t Let Injustice Go Unchallenged
If you or someone you care about is being wrongfully held in a California jail, prison, or immigration facility, call (949) 439-5857 today to speak with an experienced attorney at Simmons Wagner, LLP. We’ll evaluate your case, explain your options, and fight to restore your freedom through every legal means available—including the writ of habeas corpus.