The Writ of Habeas Corpus

The Writ of Habeas Corpus

If someone you know has been imprisoned in Liberty County, Georgia , contact a criminal lawyer
A 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 are permitted to file petitions for habeas corpus, challenging the legality of their detention but this right can be suspended in times of national emergency.

Once a court has been served with a petition for habeas corpus, depending upon the kind of the petition, it can grant a writ, reject 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 demanding that the prisoner be produced before court as ordered.
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 rather to decide whether the legal basis asserted for the imprisonment is lawful. When the imprisonment is unlawful, the prisoner has to be released. Whether or not detention is lawful, if a charge against the prisoner is valid the prisoner may undergo trial on that charge. For instance, a prisoner might file a petition for habeas corpus alleging detention on the grounds of an illegally high bail amount, however even if the reviewing court holds that bail amount is excessive and grants relief the prisoner may still have to undergo trial on the underlying charge.

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