Criminal appeals are the method that some inmates use to try to get out of prison. There are a host of appeals that can be filed. One of these is a challenge of the legality of their imprisonment. In order to do this, the inmate would have to file an application for a writ of habeas corpus. A writ of habeas corpus is acknowledged by the United States Constitution, as well as many states.
When a writ of habeas corpus is approved, the agency that is holding the inmate would have to deliver the inmate to the court that issued the order. An application for a writ of habeas corpus must be processed in a timely manner. With very few exceptions, proceedings for a writ of habeas corpus can’t be suspended.
The Constitution of the United States includes the provisions for the writ of habeas corpus because the founding fathers didn’t want people to be imprisoned in this country for long periods of time without ever being charged with a crime. It is important to note that in order to seek relief in the federal court system, you must first do everything that you can on a state level. Only when those options are exhausted can you turn to the federal court system.
Criminal appeals, motions and writs can be rather difficult to navigate. With that in mind, anyone who is considering seeking relief through one of these manners should understand all points related to the process. Making mistakes can mean that the proceedings result in a denial so having everything done properly is critical.
Source: FindLaw, “Writ of Habeas Corpus,” accessed Jan. 22, 2016