If you are in trouble with the government, there may be some evidence against you. However, if you believe that the evidence is not strong enough, that a witness won’t appear in court or that there are other issues that should result in the case being dismissed, then you might want to use a habeas corpus motion to force the government to prove it has a case.
With a habeas corpus motion, you are essentially asking the government to explain why it’s holding you.
What does a writ of habeas corpus put into motion?
The government, once the writ is filed, has to provide the reason behind why you’re being held and prove that it has the probable cause needed for the cause. If it cannot, then the habeas corpus motion may lead to the charges against you being dismissed.
When would you use a writ of habeas corpus?
There are different times when this motion might be a good choice. For example, if there is evidence but your attorney is able to get it suppressed, then the government may no longer have a case. Using a habeas corpus motion makes it possible for you to ask to have the case dismissed knowing that no evidence remains.
Another time when you might use this motion is if a witness who was going to testify against you suddenly is no longer available. Whether this is due to their death, pleading their right against self-incrimination or from another cause, your habeas corpus motion may make it possible to force the government to determine if the other party will speak. If not, then the case may be withdrawn.