US Legal Forms
California Petition for Writ of Habeas Corpus

California Petition for Writ of Habeas Corpus

Name: California Petition for Writ of Habeas Corpus
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.67 (427 reviews)

Category:

California Civil Procedure

State:

California

Control #:

CA-HC-001

Format:

Instant download

This website is not affiliated with any governmental entity

Public form

Description

This official form asks the court for a writ of habeas corpus (a court order telling a public official, like a prison warden, to bring you to the court and show a legal reason for holding you) to challenge your criminal conviction or commitment to another facility or the conditions under which you are being held. A California Petition for Writ of Habeas Corpus is a legal document filed in court by a person who is challenging a conviction or sentence. It is a request for the court to review the legality of the detention, and if it is found to be illegal, the court may order the release of the person. The petitioner must show that he or she is being held unlawfully or that the current detention is in violation of the law. There are two types of California Petition for Writ of Habeas Corpus: an original writ and a subsequent writ. An original writ is filed when the petitioner is challenging a conviction or sentence, and a subsequent writ is filed when the petitioner believes he or she is being held unlawfully even after the conviction has been overturned.

A California Petition for Writ of Habeas Corpus is a legal document filed in court by a person who is challenging a conviction or sentence. It is a request for the court to review the legality of the detention, and if it is found to be illegal, the court may order the release of the person. The petitioner must show that he or she is being held unlawfully or that the current detention is in violation of the law. There are two types of California Petition for Writ of Habeas Corpus: an original writ and a subsequent writ. An original writ is filed when the petitioner is challenging a conviction or sentence, and a subsequent writ is filed when the petitioner believes he or she is being held unlawfully even after the conviction has been overturned.

View Extraordinary Mitigation Findings - Structured Sentencing

View this form

View Judgment and Commitment upon Revocation of Probation or Election to Server Sentence - Misdemeanors - Structured Sentencing

View this form

View Order on Violation of Probation or on Motion to Modify - Structured Sentencing

View this form

View Motion - Agreement and Order to Defer Prosecution - Structured Sentencing

View this form

View Restitution Worksheet, Notice And Order - Initial Sentencing

View this form

How to fill out California Petition For Writ Of Habeas Corpus?

Dealing with legal documentation requires attention, precision, and using well-drafted templates. US Legal Forms has been helping people nationwide do just that for 25 years, so when you pick your California Petition for Writ of Habeas Corpus template from our library, you can be sure it meets federal and state laws.

Working with our service is easy and fast. To get the necessary document, all you’ll need is an account with a valid subscription. Here’s a quick guide for you to obtain your California Petition for Writ of Habeas Corpus within minutes:

Make sure to attentively look through the form content and its correspondence with general and law requirements by previewing it or reading its description.
Look for another official template if the previously opened one doesn’t suit your situation or state regulations (the tab for that is on the top page corner).
Log in to your account and download the California Petition for Writ of Habeas Corpus in the format you need. If it’s your first time with our service, click Buy now to proceed.
Register for an account, select your subscription plan, and pay with your credit card or PayPal account.
Choose in what format you want to obtain your form and click Download. Print the blank or upload it to a professional PDF editor to submit it paper-free.

All documents are drafted for multi-usage, like the California Petition for Writ of Habeas Corpus you see on this page. If you need them in the future, you can fill them out without re-payment - just open the My Forms tab in your profile and complete your document any time you need it. Try US Legal Forms and prepare your business and personal paperwork rapidly and in full legal compliance!

Form Rating

4.67

Satisfied(427)

Form popularity

FAQ

The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. The petition must name the custodian as the respondent and state the facts concerning the applicant's custody and include the legal basis for the request.

To file a petition for a writ in the appellate division, you must bring or mail the original petition, including the supporting documents, and the proof of service to the clerk for the appellate division of the superior court that took the action or issued the ruling you are challenging.

HOW AND WHERE DO I FILE A WRIT OF HABEAS CORPUS? Usually, you should file your habeas petition with the Superior Court of the county that you are on parole in. You can file your petition by mailing it to the Superior Court clerk.

State prisoners can petition Federal courts to review the validity of their convictions and sentences; these petitions, commonly called habeas corpus petitions, allege that criminal proceedings and resulting convictions and/or sentences violated the constitutional rights of prisoners.

(A) On filing, the clerk of the court must immediately deliver the petition to the presiding judge or his or her designee. The court must rule on a petition for writ of habeas corpus within 60 days after the petition is filed.

Thus, to effectively file a writ of habeas corpus in California state court, an inmate must have been convicted and either serving a sentence of incarceration, probation or parole. They must have also filed a direct appeal to the appellate court and then to the California Supreme Court.

More info

Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241. Download Form (pdf, 802.A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. 260 - Petition for writ of habeas corpus, Ky. Rev. Stat. This is a petition for a writ of habeas corpus filed on behalf of. XXXXXXXXXXXXXXXXX seeking relief to remedy his unlawful detention. A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. What is a Habeas Corpus petition? MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: In the Matter of the Application of: DOB: PETITION FOR WRIT OF HABEAS CORPUS. When the petition is fully completed, the original and at least two copies may be mailed to.

California Petition for Writ of Habeas Corpus

Description

Related forms

How to fill out California Petition For Writ Of Habeas Corpus?

Show more info

Form Rating

Form popularity

FAQ

What is the process of a habeas corpus petition?

How do I file a writ in California?

How do I submit to habeas corpus?

What is the purpose of a habeas corpus petition?

How long does a writ of habeas corpus take in California?

What is the habeas corpus procedure in California?

How do I file a writ of habeas corpus in California?

More info

Trusted and secure by over 3 million people of the world’s leading companies