The Habeas Petition

The Habeas Petition

The petition for habeas corpus seeks that the judge issue a writ, requiring that a prisoner be produced before the court on a fixed place, date and time.
In the beginning, a petition for habeas corpus used to be filed to seek that the custodian of the prisoner be ordered to bring a prisoner to the county court to testify in a legal matter. This function of a petition for habeas corpus still exists, if a prisoner is in the custody of another county or criminal justice system, and the prisoner’s presence is important for a lawsuit. Often, a prisoner will be brought to the local jurisdiction by the local Sheriff’s department, which will be responsible for watching the prisoner at the time of court proceedings and returning the prisoner to the other jurisdiction at the end of the proceedings. However, when most people think of a writ of habeas corpus, they think of something more significant – a petition seeking that the custodian of the prisoner explain in court the legal basis on which the prisoner is detained. This category of writ is often considered to be an “extraordinary remedy”, which indicates that the prisoner has exhausted all other avenues of relief or appeal, and no other adequate remedy remains. The writ of habeas corpus may seek relief on grounds not available on direct appeal.

If someone you know has been imprisoned in Savannah, Georgia , contact a criminal lawyer.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney