This is a multi-state form covering the subject matter of the title.
Massachusetts Petition for Writ of Habeas Corpus by a Person in State Custody
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US-00277
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How to fill out Petition For Writ Of Habeas Corpus By A Person In State Custody?
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FAQ
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 petitions are filed in a California court by inmates or, more specifically, their attorneys, claiming they have been unlawfully detained or imprisoned. It is considered a last legal resort after other legal remedies and appeals have been exhausted.
Defendants or inmates can petition for a writ of habeas corpus. In this petition, they ask the judge to review their case. They claim that their detention violates the law. The judge will set a hearing to make this decision.
(A) A petition for writ of habeas corpus challenging the legality of the petitioner's detention or confinement in a criminal matter shall be filed with the clerk of courts of the judicial district in which the order directing the petitioner's detention or confinement was entered.
After a criminal conviction, a writ of habeas corpus may be used to claim that the laws were misapplied in your case. Even before a conviction, a writ of habeas corpus may be used if you are being held by the government and you claim one of the following: There is no adequate basis for your detention.
In fact, ?habeas corpus? is Latin for ?you have the body.? In New York, if the court determines that the detention is unjustified or illegal, it will order the immediate release of a defendant from custody.