Louisiana Code of Criminal Procedure Article 351 defines the writ of habeas corpus — a command to a person holding another in custody to produce that person and justify the detention. Often called the “great writ,” it is a fundamental safeguard against unlawful imprisonment.
What the Statute Says
Art. 351. Habeas corpus; definition
Habeas corpus is a writ commanding a person who has another in his custody to produce him before the court and to state the authority for the custody.
“Custody” as used in this Title means detention or confinement as a result of or incidental to an instituted or anticipated criminal proceeding.
The provisions of this Title are not available to persons entitled to file an application for post conviction relief under Title XXXI-A.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 351 Matters to Your Defense
Article 351 matters because habeas corpus is the mechanism for testing the legality of custody itself. When a person is held without lawful authority, the writ provides a direct path to challenge that detention.
Understanding the definition and purpose of the writ is the first step in using it to protect a client’s liberty when other remedies fall short.
How Our Attorneys Use Article 351
We use habeas corpus to challenge unlawful detention, whether the issue is jurisdiction, the legality of the commitment, or a deprivation of constitutional rights. The writ requires the custodian to come forward and justify holding our client.
Habeas relief works alongside other procedural protections, including the 48-hour rule and bail. See our Louisiana criminal procedure overview.
Frequently Asked Questions
Under Article 351, habeas corpus is a writ commanding a person who has custody of another to produce that person before the court and justify the detention.
It is used to challenge the legality of a person’s custody — for example, where detention lacks lawful authority or violates constitutional rights.
Because it is a foundational protection against unlawful imprisonment, allowing courts to require the government to justify holding a person.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves a habeas corpus challenge to custody, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.