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What does habeas corpus charge mean?

What is a habeas corpus? A writ of habeas corpus is a petition by a prisoner or other detainee that challenges their imprisonment/conviction or sentencing conditions. The writ of habeas corpus is supposed to be an extraordinary remedy, meaning that it is used only in extreme and unusual circumstances.

What happens after habeas corpus?

Often, what happens when a writ of habeas corpus is granted is that the court will hold a hearing on the matter, during which time the inmate and the government can both present evidence regarding whether there is a lawful basis for jailing the person, including evidence gathered through subpoenas for documents or

Who files a habeas corpus?

Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.

Is habeas corpus good or bad?

Once known as the Great Writ of Liberty, habeas corpus has been so extensively diminished that it is no longer a protection against unlawful imprisonment but rather an empty procedure that enables and may actually encourage state courts to disregard constitutional rights.

What crime is habeas corpus?

Habeas Corpus petitions are filed in a California court by inmates or, more specifically, their attorneys, claiming they have been unlawfully detained or imprisoned.

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