- Protect Your Rights
- March 9, 2011 | Author: Mike R. Horwitz
- Law Firm: Law Office of Mike R. Horwitz - Woodland Hills Office
Habeas corpus, also known as “The Great Writ” is a means by which one’s constitutional rights are protected. A petition for a writ of habeas corpus may be need to be filed in state or federal court or both of them. California, unlike many states, does not have a fixed time limit for filing a petition for a writ of habeas corpus, instead California requires one file claims “as promptly as circumstances will allow.” The petitioner must state when he or she first became aware of their claim and why they did not request relief sooner.
Even if a petitioner has a valid claim, relief can be denied if the claim is not promptly submitted. If a California court denies a petition as not being timely submitted, this can serve as the basis of a federal court denying the petition even if the person otherwise has a valid claim for relief. The United States Supreme Court held last week California’s timeliness requirement qualifies as an independent state ground for a federal court denying a federal petition.
In order to prevent this from happening to you or an imprisoned loved one, call me at (818) 713-0504 for a FREE INITIAL CONSULTATION. I will personally take the time to meet with you and, if retained, will work quickly to make sure your rights are protected.