The Habeas Petition
A petition for habeas corpus requests that the judge issue a writ, ordering that a prisoner be produced before the court at 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 case. This use of the petition for habeas corpus still exists, when a prisoner is in the custody of another county or criminal justice system, and the prisoner’s presence is important for a legal proceeding. Usually, a prisoner should be transported to the local jurisdiction by the local Sheriff’s department, which will be responsible for guarding the prisoner at the time of court proceedings and returning the prisoner to the other court at the end of the proceedings. But, when many people think of a writ of habeas corpus, they think of something more substantial – a petition seeking that the custodian of a prisoner explain in court the legal basis on which the prisoner is detained. This category of writ is generally considered to be an “extraordinary remedy”, which means that the prisoner has used up all other remedies of relief or appeal, and no other adequate avenue remains. A writ of habeas corpus may ask for relief on grounds not available in direct appeal.
If someone you know has been imprisoned in Richmond Hill, GA , contact a criminal lawyer.
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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney
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