The Brennan Center for Justice calls the writ of habeas corpus a “centuries-old tool” and a foundation of our democracy. Some also argue that the United States Constitution effectively guarantees access to this legal mechanism. While this all might sound encouraging to defendants in New York, few outside of the legal world know what the phrase “writ of habeas corpus” actually means. The term might sound archaic, and this is because it is extremely old. A greater understanding of this concept may help defendants approach their cases with more confidence, especially in regard to appeals. Consider discussing this subject in more depth with an experienced criminal defense attorney in New York. Defendants may be able to explore their possibilities by contacting The Law Office of Benjamin Greenwald at (845) 567-4820.
What Is the Writ of Habeas Corpus?
Habeas corpus is a Latin phrase, and its rough translation is “you shall have the body.” While this might sound rather vague, it essentially means that the state should be able to produce incarcerated people upon request. A writ of habeas corpus is a formal request to the court, and it requires them to prove that they actually have custody of the person in question. Although the phrase stems from the language of ancient Rome, the concept of habeas corpus is slightly more recent. Some say Clause 39 of the Magna Carta laid the foundation for this writ, while others argue that it first emerged in the Assize of Clarendon in 1166. Whatever the case may be, the phrase “habeas corpus” became codified in 1679 and then again with the Habeas Corpus Act of 1816. It then appeared in the founding documents of the United States, including the Constitution.
The writ of habeas corpus acts as a legal safeguard against illegal detainment and baseless allegations. Without this foundational legal principle, the state would be able to incarcerate people without valid reasons. A writ of habeas corpus forces courts to give a detainee a fair hearing to determine whether their incarceration was even lawful in the first place.
How Does the Writ of Habeas Corpus Work in New York?
A writ of habeas corpus may be a final option for defendants who have unsuccessfully attempted other strategies after a negative outcome in court. The first option is often a straightforward appeal. When filing an appeal, a defendant in New York can only dispute things already in the trial record. Defendants may not address any other topics during appeals, including new evidence. If this option is unsuccessful, defendants may opt for 440 motions. Although 440 motions are similar to appeals, the former allows defendants to address facts and issues outside of the trial record. One might also choose a 440 motion without ever attempting an appeal.
Once these options are exhausted, defendants may turn to writs of habeas corpus. They may file these motions in federal court, and this may only be possible if the defendant has already attempted all other state-level appellate strategies. One of the most distinct aspects of habeas corpus is that these motions may occur at any point. If the defendant is already serving their sentence, they may attempt a writ of habeas corpus. Even if the defendant has already served their sentence, they may use the writ of habeas corpus to ensure their release. Although it is rare, some convicts remain behind bars even after they have served their full sentences.
Can I Use the Writ of Habeas Corpus During an Appeal?
The writ of habeas corpus may function in much the same way as an appeal. For example, a defendant may use this strategy to challenge penalties associated with a parole violation. Often, these violations trigger incarceration, and a writ of habeas corpus may help a defendant remain free. Sometimes, the state makes an error and detains a defendant for longer than they are legally allowed. For example, state law requires the court to organize an arraignment for a defendant within 24 hours of their arrest. If this arraignment does not occur within that time limit, a writ of habeas corpus could hold the court accountable and ensure the release of the defendant. The same logic applies to the lack of a “speedy trial,” as every defendant has a right to a speedy trial under the Constitution.
Defendants may use the writ of habeas corpus to challenge their sentences based on any constitutional violations. If it becomes clear that these constitutional violations led to the conviction of the defendant in any way, a writ of habeas corpus could lead to positive outcomes. This form of post-conviction relief functions in much the same way as an appeal or 440 motion, although it might allow a defense attorney to challenge the constitutionality of a New York statute. An experienced defense lawyer at The Law Office of Benjamin Greenwald may be able to help defendants determine whether their constitutional rights have been violated. Note that poor prison conditions may also constitute constitutional violations, and this may also lead to a successful writ of habeas corpus.
You May Need a Certificate of Appealability
The United States Court of Appeals for the Second Circuit states that a “certificate of appealability” may be required for defendants who wish to appeal a denied petition for a writ of habeas corpus. In order to obtain a COA, a defendant must show the court that some kind of constitutional violation has occurred.
Learn More About the Writ of Habeas Corpus With The Law Office of Benjamin Greenwald
While the writ of habeas corpus may date back more than 800 years, it is still relevant in New York today. This form of post-conviction relief may prove particularly useful for defendants navigating appeals in the Empire State. That being said, online research may fail to help defendants determine whether it makes sense to utilize this strategy. Other options could be more appropriate, such as 440 motions in New York. An effective defense strategy is often personalized to meet the unique needs and circumstances of the specific defendant. A criminal defense attorney in New York may be able to deliver this type of personalized guidance, and defendants may want to work with lawyers who have specific experience with appeals. Consider continuing this conversation by contacting The Law Office of Benjamin Greenwald at (845) 567-4820.
