If you are in government custody, whether as a convicted prisoner or as someone detained in jail while awaiting trial, that does not have to be the end of the story. You have avenues to challenge whether your detention is lawful. You can file a petition with the proper court seeking a decision on whether you are being detained or imprisoned in violation of your rights. Your right to seek such a decision is protected under both the U.S. Constitution and the Texas Constitution.
Habeas Corpus Gives Detainees an Avenue For Relief
For centuries, detainees and prisoners have used the petition for a writ of habeas corpus to seek a court decision on whether they are being illegally held. The writ of habeas corpus – which is Latin for “that you have the body” – originated in England’s Magna Carta in 1215. The writ has been a routine part of criminal law since the early 1600s and was embraced in the American colonies. Habeas corpus is not part of the bill of rights, but the writ of habeas corpus is enshrined elsewhere in the Constitution, which prohibits suspension of the writ except when rebellion requires it. Texas goes even further, with the Texas Constitution including the writ in its Bill of Rights, prohibiting suspension of the writ under any circumstances. The writ also is incorporated in Texas criminal law.
The way habeas corpus works, a prisoner or detainee files a civil action against the government employee – federal, state, or local – with a court that has jurisdiction. This can include a Texas Court of Appeal, district courts, county courts, or any judge of one of those courts, so long as the court has jurisdiction over the detainee. This is usually determined by location, but it is a good idea to talk to a lawyer to ensure the action is filed with the proper court. The civil action usually is filed against the warden or other official of the jail, prison, or other detention facility, including a mental health facility, that is holding the detainee or prisoner. The action asks the judge to issue a writ of habeas corpus, which directs the warden or other person against whom the action is filed to bring the detainee to the court and show why that detainee should continue to be held in custody. If the court has jurisdiction, Texas law requires that the writ be issued so long as the action seeking the writ contains the information required by the statute.
The writ will direct the person or agency that is detaining the individual seeking the writ to bring the detainee to the court at the time scheduled in the writ. The government’s prosecutors then must show that the detainee is being held for a legitimate reason. If the government cannot show sufficient cause to hold the prisoner, the detainee is released.
If You Believe You Have Been Detained Unlawfully, Contact Madrid Law Firm
If you have been detained for a crime in the Houston area and think that you have been detained without sufficient cause, you need to get in touch with a criminal lawyer. Talk to the Madrid Law Firm and find out what options are available to help you out of your situation.
