The Writ of Habeas Corpus

The Writ of Habeas Corpus

If someone you know has been imprisoned in Columbus, GA , contact a criminal law firm
A petition for habeas corpus usually includes the following
• The prisoner’s identity;
• The identity of the prisoner's custodian;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners are permitted to file petitions for habeas corpus, challenging the legality of their detention but the right may be suspended in cases of national emergency.

When a court has been served with a petition for habeas corpus, depending upon the kind of the petition, it can grant a writ, reject the petition, or fix a hearing on the petition. If the writ is granted, the writ may be served upon the custodian of the prisoner demanding that the prisoner be produced in court as directed.

Once the writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The objective of a hearing on a writ of habeas corpus is not to decide whether the prisoner is innocent or not, but is rather to determine whether the legal basis asserted for the imprisonment is lawful. If the detention is unlawful, the prisoner has to be released. Whether or not imprisonment is lawful, if the charge against a prisoner is valid the prisoner can undergo trial on that charge. For example, the prisoner might file a petition for habeas corpus alleging detention on the basis of an unlawfully high bail amount, however even if the reviewing court holds the bail amount is excessive and provides relief the prisoner may still have to undergo trial on the underlying charge.

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