The Writ of Habeas Corpus

The Writ of Habeas Corpus

If someone you know has been imprisoned in Columbus, Georgia , contact a criminal law firm
A petition for habeas corpus generally includes the following
• The prisoner’s identity;
• The prisoner’s custodian’s identity;
• 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 have the right to file petitions for habeas corpus, challenging the legality of their detention but this right may be suspended in times of national emergency.

Once 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. Once the writ is granted, the writ may be served upon the custodian of the prisoner ordering that the prisoner be produced in court as directed.

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

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