Oregon Complaint for Writ of Habeas Corpus

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Multi-State
Control #:
US-00845
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Word; 
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This is a multi-state form covering the subject matter of the title.

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FAQ

Every person imprisoned or otherwise restrained of liberty, within this state, except in the cases specified in ORS 34.330 (Who may not prosecute writ), may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint, and if illegal, to be delivered therefrom.

What is a writ of habeas corpus? A court order that requires police to bring a prisoner to court to explain why they are holding the person in custody or under restraint. Habeas Corpus. An order to produce an arrested person before a judge.

The petitioner, typically through an attorney, files a writ of habeas corpus to the relevant court, usually the California Superior Court, and the arguments as to why the petitioner has been illegally detained.

The Writ of Habeas Corpus Generally Assuming you are unjustly or wrongfully detained or incarcerated, you can challenge the legal basis of that imprisonment by methodically bringing a Writ of Habeas Corpus. This enables you to challenge the duration and length of your imprisonment and even the manner.

You will file a Habeas Corpus petition in California if you are arguing that your conviction violated a state law, or that a California law is unconstitutional.

A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

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Oregon Complaint for Writ of Habeas Corpus