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. A petition for habeas corpus asks that a court issue a writ, requiring that a prisoner be produced in the court on a particular place, date and time. If a writ of habeas corpus is issued, the prisoner will be brought to court at the fixed 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 rather to decide whether the legal grounds asserted for the detention is legal. If the detention is illegal, the prisoner must be released. Whether or not imprisonment is legal, if the charge against the prisoner is valid the prisoner may undergo trial on that charge. For instance, the prisoner might file a petition for habeas corpus alleging detention on the grounds of an illegally excessive bail amount, however even if the reviewing court finds the bail amount is high and provides relief the prisoner would still have to undergo trial on the underlying charge. Never attempt filing a habeas corpus petition by yourself. Use the services of a seasoned Savannah, Georgia criminal law firm.
————————-Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney
Comments on this entry are closed.