The Writ of Habeas Corpus

The Writ of Habeas Corpus

If someone you know has been imprisoned in Chattahoochee County, Georgia , contact a criminal law firm
The petition for habeas corpus generally includes the following
• The identity of the prisoner;
• 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 can be suspended in cases of national emergency.

When the court has been served with a petition for habeas corpus, based upon the nature of the petition, it can grant a writ, deny 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 demanding that the prisoner be produced before court as ordered.

Once the 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 a writ of habeas corpus is not to determine whether a prisoner is innocent or not, but is rather to determine whether the legal grounds claimed for the detention is lawful. When the detention is illegal, the prisoner must be released. Whether or not imprisonment is legal, if a charge against a prisoner is valid the prisoner can be subjected to trial on that charge. For example, the prisoner can file the petition for habeas corpus alleging detention on the grounds of an illegally high bail amount, however even if the reviewing court finds that bail amount is excessive and grants relief the prisoner would still have to stand trial on the underlying charge.

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