Under law, prisoners have the right to file petitions for habeas corpus, challenging the legality of their detention but this right can be suspended in cases of national emergency. The petition for habeas corpus seeks that a judge issue a writ, requiring that a prisoner be produced in the court at a fixed place, date and time. When the writ of habeas corpus is issued, the prisoner will be produced in court at the scheduled date and time. The purpose of a hearing on the writ of habeas corpus is not to decide whether a prisoner is innocent or not, but is instead to determine if the legal basis claimed for the imprisonment is legal. When the imprisonment is illegal, the prisoner must be released. Whether or not imprisonment is legal, if a charge against a prisoner is valid the prisoner can undergo trial on that charge. For instance, the prisoner might file a petition for habeas corpus alleging detention on the grounds of an unlawfully excessive bail amount, but even if the reviewing court finds that bail amount is excessive and provides relief the prisoner may still have to stand trial on the underlying charge. Never attempt filing a habeas corpus petition by yourself. Hire the services of a seasoned Liberty County, Georgia criminal law firm.
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