The Illinois Petition for Writ of Habeas Corpus -- Person In State Custody is a legal document that is used to challenge the legality of a person’s imprisonment or incarceration in the state of Illinois. It is a petition to the court to release the person from custody and to issue a writ of habeas corpus, which is an order for the jail or prison to bring the person before the court and to explain why they are being held. The petitioner must prove that the person is being held unlawfully, that their rights are being denied, or that they are being held in conditions that are outside the scope of what is permissible in the state. There are two types of Illinois Petition for Writ of Habeas Corpus -- Person In State Custody: the original petition and the amended petition. The original petition is the initial filing that is made with the court when the petitioner believes their rights are being violated by the imprisonment or incarceration. The amended petition is used when the petitioner has found new evidence or changed circumstances that they believe would invalidate the original petition.
Illinois Petition for Writ of Habeas Corpus -- Person In State Custody
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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.
A successful Writ of Habeas Corpus may result in a reduction of a prison sentence, a new trial, or even a person's freedom.
A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
Habeas corpus is one of the earliest common law writs. In its simplest form a writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody. The writ of habeas corpus is used to attack an unlawful detention or illegal imprisonment.
Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review.
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.
You must pay a filing fee of $5. To do that, you must submit a written motion (a form is available from the Clerk's Office). Also you must submit a certificate signed by an officer at the institution where you are confined showing the amount of money the institution is holding for you.
Typical examples where a court has granted a habeas corpus petition include claims of new evidence discovered in the case, ineffective assistance of counsel, prosecutorial misconduct, incompetence to stand trial, and challenging conditions of confinement.