The Habeas Petition
A petition for habeas corpus requests that the judge issue a writ, ordering that a prisoner be produced in the court on a particular place, date and time.
In its original use, the petition for habeas corpus was filed to request that the custodian of a prisoner be ordered to produce a prisoner to a county court to testify in a case. This use of the petition for habeas corpus still exists, where a prisoner is in the custody of another county or penal system, and the prisoner’s attendance is important for a lawsuit. Typically, a prisoner must be taken to the local court by the local Sheriff’s department, which will be responsible for guarding the prisoner during court proceedings and moving 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 demanding that the custodian of the prisoner explain in court the legal basis on which the prisoner is detained. This kind of writ is often considered to be an “extraordinary remedy”, indicating 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 request relief on grounds not available on direct appeal.
If someone you know has been imprisoned in Savannah GA , contact a criminal lawyer.
————————-
Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney
Comments on this entry are closed.