In the summer of 2020, New York City made national headlines when it suspended habeas corpus in several counties. Manhattan, The Bronx, and Brooklyn saw an uptick in arrests during an increase in protests, and a judge agreed to suspend habeas corpus as a consequence. Many years prior, the U.S. government also suspended the right to habeas corpus after the September 11th World Trade Center attacks. This act, titled the Military Commissions Act, denied the guarantee of habeas corpus to all people detained by the U.S. government.
So, what is habeas corpus? You may be wondering why this matters, or how it would affect you as a U.S. citizen. Habeas corpus means “that you have the body,” or “show me the body,” in Latin, and it is formally defined as follows:
“In the US system, federal courts can use the writ of habeas corpus to determine if a state’s detention of a prisoner is valid. 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. It can also be used to examine any extradition processes used, the amount of bail, and the jurisdiction of the court.”
What Does Habeas Corpus Protect U.S. Citizens From?
Habeas corpus protects United States citizens from unlawful or indefinite imprisonment. It is a way of protecting the people of this country from the government using excessive or unchecked power. As mentioned previously in extreme cases such as after a terrorist attack or violent uprising, habeas corpus can be withdrawn.
Under habeas corpus, people have the right to be protected from arbitrary arrests and unlawful detention, but in some cases, people are wrongfully accused of crimes and are then wrongfully detained. These people will need a lawyer to help them out of this situation. Oftentimes, family members will also seek legal representation on behalf of a loved one who is behind bars for unjust reasons or they will otherwise lose their right to habeas corpus. Habeas corpus is guaranteed under the United States Constitution, but since it can be withdrawn in certain cases, you need to consult with a lawyer to know the full scope of your rights even if you are unsure if it applies to your unique case. If you have a legal issue regarding habeas corpus, contact the Law Firm of Gianni Karmily for a consultation.
Why Should I Choose Gianni Karmily As My Criminal Defense Lawyer?
Anyone who has been charged with a crime or is concerned they may be under investigation should contact the Law Firm of Gianni Karmily right away to schedule a criminal case evaluation. After reviewing your case during your initial consultation, trusted Nassau County, Long Island criminal defense lawyer Gianni Karmily will explain your legal rights and options and how the law applies in your unique circumstances.
If you have been held in jail after a criminal conviction and want to file a habeas corpus petition, you will need the assistance of a skilled lawyer. Also, no matter what you have been charged with, you have the right to a trial. If you have a legal issue regarding habeas corpus, you still have the right to legal representation who will zealously defend you. Don’t gamble with your future and settle for a public defender. At your trial, you need the skill and expertise of Hempstead defense lawyer Gianni Karmily. As your criminal defense attorney, Gianni will leverage the evidence of your case to cast doubt on New York State’s accusations and claim against you, arguing to the judge and the jurors why you should be found not guilty. It can be incredibly difficult to defend yourself during a legal issue regarding habeas corpus, and most public defenders do not have the time and bandwidth to fight for your case until the very end. Instead, turn to the Law Firm of Gianni Karmily.
Gianni is a member of the (NYSACDL) New York State Association of Criminal Defense Lawyers and the (CCBANC) Criminal Courts Bar Association of Nassau County and has repeatedly been honored by Super Lawyers as a Rising Star in Criminal Law in the New York Metro region.
Schedule A Consultation With Gianni Karmily If You Have Been Arrested In New York
Gianni Karmily is a trusted Nassau County, Long Island criminal defense attorney who can advise on behalf of habeas corpus issues. In a writ of habeas corpus, you need tough representation who will fight aggressively for your justice. Schedule your free consultation today.