Habeas Corpus and Florida Drug Cases

If you have ever heard of habeas corpus before, it was probably in a history class in high school or college, perhaps by a teacher who had once dreamed of going to law school and, in either case, overestimated how much students knew about legal concepts.  When your teacher said that “habeas corpus” means, “you shall have the body,” that probably made things more confusing instead of less.  The right not to be imprisoned or detained without due process of law is one of the most basic legal rights, and this principle underlies several of the amendments in the Bill of Rights, as well as volumes of case law.  A writ of habeas corpus is one of many ways that people accused and convicted of crimes in the United States can exercise this right, but it often makes more sense to pursue other legal remedies.  If you are being unlawfully denied while under investigation for drug crimes or while your drug charges are pending, contact a Florida drug offenses attorney.

A Writ of Habeas Corpus Can Help You Exercise Your Right to Due Process

Habeas corpus, the principle that the state cannot detain you without due process of law, applies not only in criminal cases, but also in matters of the military courts and in immigration proceedings where the state is detaining immigrants while deportation proceedings are pending.  Requesting a writ of habeas corpus is a lot like filing a civil lawsuit; you are asking a federal civil court to review your case and determine whether the court that ordered your detention observed due process; if the federal court determines that it did not, it will order your release.

You Can Resolve Most Matters Related to Unlawful Detention Without a Writ of Habeas Corpus

In criminal cases, including those related to drug crimes such as drug trafficking and conspiracy to distribute illegal drugs, the courts sometimes impose long prison terms which are de facto life sentences, and in some cases, they can even officially sentence you to life.  A writ of habeas corpus can function as post-conviction relief in situations like these, but so can appealing your sentence or making your case for parole when you become eligible.  Likewise, some defendants in drug trafficking cases get detained without bail while their charges are pending; the state fears that they will communicate with their conspirators, tamper with evidence, or intimidate witnesses.  If you are unfairly denied bail, habeas corpus can help you, but so can a bail hearing.  In other words, you can rely on habeas corpus in a drug crime case, but you probably will not have to.  Your criminal defense lawyer can help you decide whether habeas corpus is the best option, or whether pursuing another legal remedy will be simpler and just as effective.

Contact FL Drug Defense Group About Drug Cases

A Central Florida criminal defense lawyer can help you if you are being detained and denied bail after a drug-related arrest.  Contact FL Drug Defense Group in Orlando, Florida to discuss your case.

Source:

law.cornell.edu/wex/habeas_corpus#:~:text=A%20writ%20of%20habeas%20corpus,holds%20the%20defendant%20in%20custody