Ed. Note: The following is a KHTS Feature story based on a recent interview with All American Bail Bonds. 

If you’ve ever watched a legal drama on television or at the movies, you may have heard of the term habeas corpus, but many people probably don’t know what it actually means or how it’s designed to protect you and your loved ones against unlawful imprisonment.

Habeas corpus is a writ requiring a person be brought before a judge or court after they are arrested– usually to determine if the person was lawfully detained or imprisoned –or the right to obtain such a writ, according to the Bail Resource Center & Academy.

“The use of habeas corpus to protect you and your loved ones against unlawful imprisonment is vital in today’s justice system,” said Inessa Chavez, vice president of All American Bail Bonds in Santa Clarita. “It helps ensure you will not be arbitrarily imprisoned or detained by law enforcement.”

Related: Bail Bonds In Santa Clarita: The History Of Bail

While this form of legal protection is not currently found in continental Europe, the use of habeas corpus is established by both federal and state constitutions in the United States.

Some state constitutions prohibit the suspension of habeas corpus in any case, while others allow for its suspension only in cases of rebellion or invasion, or if required for public safety.

Federal courts can only issue writs of habeas corpus under certain conditions, such as when a prisoner is detained by order of the federal government or has been committed to a trial before a federal court.

Related: Bail Agents At All American Bail Bonds Discuss How Bail Agencies Can Lose Their Licenses

In contrast, state courts may issue writs of habeas corpus that are not exclusively under federal jurisdiction.

The writ is also now applicable in divorce or adoption proceedings involving the custody of minors, when the state supercedes parental and other claims to determine the best interest of the child.

“It is crucial that the public understands their rights in the case of legal proceedings,” Chavez said. “At All American Bail Bonds in Santa Clarita, our bail agents are well-versed in laws like habeas corpus, and can help explain the process in detail if you or your loved one is arrested.”

Article Source: “California 20-Hour Bail/Recovery Pre-Licensing Education, Volume 1” by the Bail Resource Center & Career Academy

KHTS Feature Story

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If your loved one is in custody and they wish to talk to an All American Bail Bonds representative, call:

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