The Writ of Habeas Corpus

The Writ of Habeas Corpus

If someone you know has been imprisoned in Chatham County, Georgia , contact a criminal attorney
The petition for habeas corpus usually includes the following
• The prisoner’s identity;
• 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 have the right to file petitions for habeas corpus, challenging the legality of their detention but the right may be suspended in times of national emergency.

If the court has been served with a petition for habeas corpus, depending upon the nature of the petition, it can 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 in court as directed.

Once the writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The aim of a hearing on a writ of habeas corpus is not to decide whether a prisoner is innocent or not, but is rather to determine whether the legal basis claimed for the imprisonment is legal. When the detention is illegal, the prisoner has to be released. Whether or not imprisonment is legal, if a charge against the prisoner is valid the prisoner may undergo trial on that charge. For example, the prisoner can file a 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 excessive and grants relief the prisoner would still have to stand trial on the underlying charge.

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