The Habeas Petition

The Habeas Petition

The petition for habeas corpus requests that the judge issue a writ, requiring that a prisoner be produced before the court at a fixed place, date and time.
In its original use, the petition for habeas corpus was filed to ask that the custodian of a prisoner be directed to produce the prisoner to a county court to testify in a legal proceeding. This function of a petition for habeas corpus still exists, where the prisoner is in the custody of another county or penal system, and the prisoner's presence is required for a lawsuit. Usually, the prisoner will be moved to the local court by the local Sheriff's department, which will be responsible for protecting the prisoner at the time of court proceedings and returning the prisoner to the other jurisdiction at the conclusion of the proceedings. But, when most people think of a writ of habeas corpus, they have something more significant in mind - a petition demanding that the custodian of a prisoner explain in court the lawful basis on which the prisoner has been detained. This category of writ is usually considered to be an "extraordinary remedy", indicating that the prisoner has exhausted all other remedies of relief or appeal, and no other adequate remedy remains. The writ of habeas corpus may seek relief on grounds not available in direct appeal.

If someone you know has been imprisoned in Harris County, Georgia , contact a criminal law firm.

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