The Writ of Habeas Corpus

The Writ of Habeas Corpus

If someone you know has been imprisoned in Savannah, Georgia , contact a criminal law firm
A petition for habeas corpus usually includes the following
• The prisoner’s identity;
• The prisoner’s custodian’s identity;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners can to file petitions for habeas corpus, challenging the legality of their detention but the right may be suspended in times of national emergency.

When a court has been served with a petition for habeas corpus, based upon the nature of the petition, it can grant a writ, reject the petition, or fix a hearing on the petition. Once the writ is granted, the writ may be served upon the custodian of the prisoner asking that the prisoner be produced before court as ordered.

If a writ of habeas corpus is issued, the prisoner will be produced in court at the fixed date and time. The aim of a hearing on a writ of habeas corpus is not to determine whether the prisoner is innocent or not, but is rather to determine if the legal grounds claimed for the detention is lawful. If 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 can undergo trial on that charge. For example, a prisoner can file a petition for habeas corpus alleging imprisonment on the grounds of an illegally excessive bail amount, however even if the reviewing court holds the bail amount is excessive and provides relief the prisoner may still have to undergo trial on the underlying charge.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney