Habeas Corpus California – A Plan to Get Your Loved One Out

A writ of habeas corpus is a legal petition where you challenge your conviction or sentencing conditions. This centuries-old remedy is one of the last tools you have after filing – and losing – all possible appeals.

Under California law, three requirements must be met before you – or your attorney – can file a habeas corpus writ. These include:

1. you must be “in custody,”
2. you must have exhausted all other remedies (filed all possible appeals), and
3. the issue(s) raised in the petition must be one(s) not already resolved by a court of appeal.

Reasons a court may grant a petition for writ of habeas corpus include:

1. you were convicted under an unconstitutional law/invalid statute,
2. you were subject to ineffective assistance of counsel,
3. there were instances of prosecutorial misconduct in the lower courts,
4. you were incompetent to stand trial,
5. new evidence was discovered in the case,
6. false evidence,
7. laws affecting the case have been changed, and
8. you suffer from challenging conditions of confinement.

If a court grants your petition, then it may order the government to:

• release you,
• reduce your charges,
• modify your sentence or sentencing conditions, or
• order a new trial.

If a court denies your petition, then you can seek alternative relief by filing a habeas corpus petition in federal court.

Our California criminal defense attorneys will address the following in this article:

• 1. What is a habeas corpus?
• 2. What is the process for bringing a habeas corpus petition?
• 3. What are the grounds for a writ of habeas corpus?
• 4. What happens if the petition is granted?
• 5. What are my options if the petition is denied?
• 6. Do I need an attorney?

1. What is a habeas corpus?

Habeas corpus, stemming from the Latin phrase “you should have the body,” is a critical legal instrument that allows you to contest your:

1. Incarceration or conviction, or
2. Conditions of their sentencing.

Upon receiving your habeas corpus petition, the court issues a writ of habeas corpus directed at the prison warden, commanding them to present you in court. This enables the judges to determine the legality of your confinement.

The writ of habeas corpus serves as an “extraordinary remedy,” implying its use is reserved for exceptional and atypical situations.¹

Consequently, this legal recourse is considered the final avenue for challenging a conviction or sentence after all other appellate options have been pursued and exhausted.

The California Constitution guarantees the right to file a writ of habeas corpus,² and for centuries, it has been regarded as a last resort for achieving justice for the wrongfully imprisoned.³

2. What is the process for bringing a habeas corpus petition?

If you are convicted of a crime, you must file a habeas corpus petition with the district court – typically the California Superior Court.

Three requirements must be met before a person can successfully file a writ of habeas corpus petition. These are:

1. you must be “in custody,”⁴
2. you must have exhausted all possible remedies (filed all possible appeals),⁵ and
3. the issues raised in the writ must be new, or unique to those, raised on appeal.⁶

As to this last requirement, legal claims previously raised and rejected on direct appeal ordinarily cannot be reraised in a petition for a writ of habeas corpus. However, exceptions do apply.⁷

For purposes of the first requirement, “in custody” means that you are either:

• confined in state prison or county jail,
• out on parole, probation, or bail, and/or
• released on your own recognizance while charges are pending.

Note that there are no strict deadlines or time limits (“statute of limitations”) for when you must file a writ of habeas corpus. California’s criminal laws state that you must file a writ:

• when you are in custody, and
• in a “timely” manner (as determined by the facts of the case).⁸

In Los Angeles County, the District Attorney’s Office has a Habeas Corpus Litigation Unit (HABLIT) whose mission is to investigate every potentially meritorious claim.⁹

3. What are the grounds for a writ of habeas corpus?

When drafting a writ, you typically have to raise one of the following issues/constitutional errors (and provide supporting facts) to succeed:

1. you were convicted under a law that is unconstitutional,¹⁰
2. you did not have a competent lawyer (or no lawyer was provided),¹¹
3. there were instances of prosecutorial misconduct,¹²
4. you were incompetent to stand trial,¹³
5. false evidence,
6. new evidence was discovered showing your innocence,¹⁴
7. there have been changes in the law since you were convicted,¹⁵ and
8. you suffer from unsafe or challenging conditions of confinement.

Habeas corpus writs can include supporting information, such as affidavits (declarations made under penalty of perjury). Plus the court may hold an evidentiary hearing on the writ.

4. What happens if the petition is granted?

When a court approves your habeas corpus petition, it issues a writ that can instruct the government to:

1. Set you free,
2. Lessen the charges against you, or
3. Adjust your prison term or the conditions of your sentencing.

It is essential to note that there are typically multiple stages involved before a court reaches a final decision on a habeas corpus petition.

For instance, if the court determines that the claims made in the petition are valid, it issues an order to show cause, inviting the government to submit a response to the petition, known as a “return.”¹⁶

Subsequently, you have the opportunity to submit a response to the return, referred to as a “traverse.”¹⁷

Ultimately, the court may conduct a hearing, evaluating evidence presented by both you and the government. The court’s decision is announced upon the conclusion of this hearing.

5. What are my options if the petition is denied?

You may be able to file a habeas corpus petition in federal court if your petition gets denied by California state courts (including the California Supreme Court).

Unfortunately, federal law takes an extremely strict approach to habeas corpus petitions challenging state sentences.

For example, you can only get federal habeas corpus relief if you can show that:

1. you being in custody violates the United States Constitution or federal law,¹⁸
2. you exhausted all possible remedies available in California,¹⁹ and
3. the California courts made an obvious mistake in the case.²⁰

Note that federal law has a one-year deadline for filing a writ of habeas corpus. Though the deadline can be extended (“tolling”) for good cause.²¹

6. Do I need an attorney?

It is highly recommended to enlist the help of a skilled criminal defense lawyer when filing a writ of habeas corpus.

A knowledgeable attorney is essential as they can:

1. Identify relevant case law that could bolster your petition,
2. Guarantee that your petition is submitted promptly, with due diligence, and in compliance with any court directives,
3. Examine lower court records to ascertain which issues can be the basis for a habeas corpus petition,
4. Ensure the petition is filed in the appropriate lower or higher court following court regulations, and
5. Submit a successive petition in federal court if the California courts deny the initial request.

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