Under law, prisoners can to file petitions for habeas corpus, challenging the legality of their detention but the right can be suspended in times of national emergency. The petition for habeas corpus requests that a judge issue a writ, requiring that the prisoner be produced in the court on a particular place, date and time. If a writ of habeas corpus is issued, the prisoner will be produced in court at the scheduled date and time. The aim of a hearing on a writ of habeas corpus is not to determine if a prisoner is innocent or not, but is rather to decide if 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 instance, the prisoner can file the petition for habeas corpus alleging detention on the grounds of an unlawfully high bail amount, but even if the reviewing court holds that bail amount is excessive and grants relief the prisoner would still have to stand trial on the underlying charge. Do not attempt filing a habeas corpus petition by yourself. Hire the services of a seasoned Harris County, GA criminal law firm.
-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com
Personal Injury Attorney Brookfield WI
1 day ago