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When would you secure a write of habeas corpus as protection?

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When would you secure a write of habeas corpus as protection?

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  1. Habeas Corpus is when your Constitutional rights have been violated and overlooked by the Courts, and incarcerated, without due process of law, habeas corpus is not to be suspended, and is not served in the United States Courts.


  2. You petition for a writ of habeas corpus when you are being wrongfully incarcerated and the cause of that incarceration is not apparent from the court's records (otherwise, you would just appeal your conviction).

    It's typically a long shot to be freed on a habeas corpus petition.

    examples:  

    -Ineffective assistance of counsel caused you to plead guilty because your attorney told you that you would receive a different plea bargain

    -You pled guilty involuntarily

    -Newly discovered evidence proves your innocence

    -Your parole was wrongfully denied

    -Prison officials denied you good time without a hearing

  3. When you're being held in custody but haven't appeared before a judge to hear the evidence against you.

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