The Habeas Petition

The Habeas Petition

A petition for habeas corpus asks that the judge issue a writ, requiring that the prisoner be produced before the court at a fixed place, date and time.
Initially, the petition for habeas corpus used to be filed to request that the custodian of a prisoner be directed to bring a prisoner to the county court to testify in a case. This function of the petition for habeas corpus exists even today, if a prisoner is in the custody of another county or penal system, and the prisoner's attendance is required for a case. Generally, a prisoner must be moved to the local jurisdiction by the local Sheriff's department, which will be responsible for protecting the prisoner at the time of court proceedings and taking the prisoner to the other jurisdiction at the end of the proceedings. But, when most people think of a writ of habeas corpus, they think of something more significant - a petition seeking that the custodian of a prisoner explain in court the lawful grounds upon which the prisoner is detained. This category of writ is often considered to be an "extraordinary remedy", meaning that the prisoner has exhausted all other avenues of relief or appeal, and no other adequate avenue remains. The writ of habeas corpus may seek relief on grounds not available in direct appeal.

If someone you know has been imprisoned in Columbia County, Georgia , contact a criminal attorney.

---------------------------------
Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.