The Writ of Habeas Corpus

The Writ of Habeas Corpus

If someone you know has been imprisoned in Savannah GA , contact a criminal lawyer
A petition for habeas corpus usually has the following
• The identity of the prisoner;
• The identity of the prisoner's custodian;
• 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 are permitted to file petitions for habeas corpus, challenging the legality of their detention but this right can be suspended in cases of national emergency.

Once 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. When the writ is granted, the writ may be served upon the custodian of the prisoner asking that the prisoner be produced in court as directed.

When a writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The objective of a hearing on the writ of habeas corpus is not to determine if a prisoner is innocent or not, but is rather to decide if the legal basis asserted for the imprisonment is lawful. When the detention is unlawful, the prisoner should be released. Whether or not detention is legal, if the charge against the prisoner is valid the prisoner may be subjected to trial on that charge. For example, the prisoner might file a petition for habeas corpus alleging detention on the grounds of an unlawfully high bail amount, but even if the reviewing court finds that bail amount is excessive and grants relief the prisoner would still have to undergo trial on the underlying charge.

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