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. The petition for habeas corpus requests that the judge issue a writ, ordering that the prisoner be produced in the court at a particular place, date and time. Once the writ of habeas corpus is issued, the prisoner will be produced in court at the scheduled date and time. The aim of a hearing on a writ of habeas corpus is not to determine if the prisoner is innocent or not, but is instead to decide if the legal grounds asserted for the imprisonment is legal. When the imprisonment is illegal, the prisoner has to be released. Whether or not detention is legal, if a charge against the prisoner is valid the prisoner may undergo trial on that charge. For instance, the prisoner can file the petition for habeas corpus alleging imprisonment on the basis of an illegally high bail amount, but even if the reviewing court holds the bail amount is excessive and grants relief the prisoner would still have to undergo trial on the underlying charge. Do not attempt filing a habeas corpus petition by yourself. Use the services of a seasoned Savannah, GA criminal law firm.
————————-Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney
Comments on this entry are closed.