Under law, prisoners are allowed 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 court issue a writ, ordering that a prisoner be produced before the court at a fixed place, date and time. If 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 if a prisoner is innocent or not, but is instead to determine if the legal basis asserted for the detention is lawful. If the detention is illegal, the prisoner has to be released. Whether or not imprisonment is legal, if the charge against a prisoner is valid the prisoner may undergo trial on that charge. For instance, a prisoner might file the petition for habeas corpus alleging detention on the grounds of an unlawfully high bail amount, however even if the reviewing court holds that bail amount is high and grants relief the prisoner would still have to undergo trial on the underlying charge. Never attempt filing a habeas corpus petition by yourself. Hire the services of a seasoned Chatham County, Georgia criminal law firm.
————————-Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney
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