Muscogee County, Georgia criminal law firm

Under law, prisoners are permitted to file petitions for habeas corpus, challenging the legality of their detention but this right may be suspended in times of national emergency. A petition for habeas corpus asks that a judge issue a writ, ordering that a prisoner be produced in the court on a fixed place, date and time. When 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 decide if the prisoner is innocent or not, but is rather to determine whether the legal basis asserted for the imprisonment is lawful. When the detention is illegal, the prisoner has to be released. Whether or not imprisonment is legal, if a charge against a prisoner is valid the prisoner may be subjected to trial on that charge. For example, a prisoner might file the petition for habeas corpus alleging imprisonment on the basis of an illegally excessive bail amount, however 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. Never attempt filing a habeas corpus petition by yourself. Use the services of a seasoned Muscogee County, Georgia criminal law firm.

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