Habeas Corpus, in the Federal Court, is a petition that claims that you are being detained against your US constitutional rights. A writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody.Translated from Latin it means "show me the body. A Writ of Habeas Corpus is a civil proceeding that is available in both State and Federal Court to challenge the legality of imprisonment. Habeas corpus is a legal rule that requires a prisoner be presented in court and that the arrester prove that there is proper cause for detaining the prisoner. The writ may also be employed in a wide variety of situations not involving criminal proceedings. New York State habeas corpus procedure is explained in Chapter 21 of the JLM. In many countries, authorities may incarcerate someone for months or years without charging them. Put simply, it means that if you are arrested, you have the right to make the government prove to a judge that your arrest and detainment are justified. If you have comments, please leave them in the section provided below.
