Saturday, June 20, 2020

LeNoir Law Firm - Habeas Lawyers

LeNoir Law Firm - Habeas Lawyers: LeNoir Law Firm's thorough knowledge of the criminal and civil courts of New York State make us ideally suited to represent inmates vulnerable to death from COVID-19 in habeas corpus proceedings in a neutral, civil court - rather than the criminal court that decided to incarcerate the inmate.

Tuesday, June 16, 2020

Habeas Corpus Proceedings in New York State

The Fifth and Eighth Amendments to the U.S. Constitution combined with New York's Habeas Corpus law (Article 70 of the New York Civil Practice Law and Rules) require the IMMEDIATE RELEASE of nonviolent prisoners with heightened susceptibility to death from COVID-19. These laws require the release of both (1) convicted inmates and (2) inmates who have been denied affordable bail and are waiting for trial. A habeas corpus proceeding can be brought in a civil court at any time. We believe that a habeas corpus proceeding conducted by a neutral, civil court judge provides the best chance of obtaining the immediate release of an inmate vulnerable to death from COVID-19.

Monday, June 15, 2020

Habeas Corpus: A Civil Court Alternative for Immediate COVID-19 Inmate Release

DID YOU KNOW that a CIVIL COURT judge can Order the immediate release of a prisoner with increased vulnerability to death from COVID-19 at any time – even if the criminal court judge and the prosecutor oppose the release? Habeas corpus is a procedure brought in a civil court (not a criminal court) to ask a neutral judge to order the IMMEDIATE RELEASE of a prisoner for “illegal detainment”. The right to habeas corpus applies regardless of whether the prisoner has been convicted of a crime or has been denied affordable bail. In our opinion, a habeas corpus proceeding decided by a civil court judge is a better way to get an inmate IMMEDIATELY RELEASED, at any time, due to increased vulnerability to death from COVID-19 than a request to a criminal court judge.