Under law, prisoners can to file petitions for habeas corpus, challenging the legality of their detention but this right can be suspended in times of national emergency. The petition for habeas corpus requests that a judge issue a writ, ordering that the prisoner be produced in the court at a fixed place, date and time. 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 a writ of habeas corpus is not to decide whether the prisoner is innocent or not, but is rather to determine whether the legal grounds 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 be subjected to trial on that charge. For example, a prisoner might file the petition for habeas corpus alleging detention on the grounds of an unlawfully excessive bail amount, however even if the reviewing court holds the bail amount is excessive and provides relief the prisoner would still have to stand trial on the underlying charge. Do not attempt filing a habeas corpus petition by yourself. Use the services of a seasoned Richmond Hill, GA criminal law firm.
————————-Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney
Comments on this entry are closed.