By Melissa Lampert, KHTS Staff Writer
You may have heard of the term habeas corpus if you’ve ever watched a legal drama movie or television show, but do you know what it actually means and how it’s designed to protect you from being unlawfully imprisoned?
The Bail Resource Center & Academy defines habeas corpus as a writ requiring an individual be seen by a judge or court after they are arrested– typically so it can be decided if the person was lawfully detained or imprisoned –or the right to obtain such a writ.
“The use of habeas corpus to protect you and your loved ones against unlawful imprisonment is vital in today’s justice system,” said Inessa Chavez, vice president of All American Bail Bonds in Santa Clarita. “It helps ensure you will not be arbitrarily imprisoned or detained by law enforcement.”
Although continental Europe does not offer this form of legal protection, both federal and state constitutions in the United States establish the use of habeas corpus.
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In the U.S., suspension of habeas corpus is permitted only in certain states in cases of rebellion or invasion, or if required for public safety, while other states prohibit its suspension in all cases.
Writs of habeas corpus may be issued by state courts in cases that are not exclusively under federal jurisdiction.
In contrast, federal courts are limited to certain conditions to issue these writs, including when a prisoner is detained by the order of the federal government or has been committed to a trial before a federal court.
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Habeas corpus can also be applied in divorce or adoption proceedings when the custody of a minor is involved and the state is exercising its right to supercede parental and other claims to decide the best interest of the child.
“It is crucial that the public understands their rights in the case of legal proceedings,” Chavez said. “At All American Bail Bonds in Santa Clarita, our bail agents are well-versed in laws like habeas corpus, and can help explain the process in the case that you or your loved one is arrested.”
Article Source: “California 20-Hour Bail/Recovery Pre-Licensing Education, Volume 1” by the Bail Resource Center & Career Academy
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