The Writ of Habeas Corpus

The Writ of Habeas Corpus

If someone you know has been imprisoned in Harris County, Georgia , contact a criminal lawyer
The petition for habeas corpus typically has 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.

If the court has been served with a petition for habeas corpus, depending upon the kind of the petition, it may grant a writ, deny 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 ordering that the prisoner be produced before court as directed.
If a writ of habeas corpus is issued, the prisoner will be brought to court at the scheduled 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 instead to decide if the legal grounds claimed for the detention is legal. If the detention is unlawful, the prisoner has to be released. Whether or not detention is lawful, if a charge against the prisoner is valid the prisoner can be subjected to trial on that charge. For instance, the prisoner can file the petition for habeas corpus alleging detention on the grounds of an illegally high bail amount, but even if the reviewing court finds the bail amount is high and grants relief the prisoner would still have to undergo trial on the underlying charge.

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