A writ of habeas corpus is a court order to an institution ordering a prisoner brought to the court on the grounds of possible unlawful imprisonment. The prisoner or a lawyer does not write the writ but rather write a petition to grant the writ. To do this, the petitioner fills out the proper state or federal form giving the facts of the custody and legal basis for the petition.Know More
Habeas corpus, which in Latin means "you have the body," is a legal means for citizens to avoid being held without trial and to protest improper jail conditions. If the custodian cannot prove justification for the imprisonment, the court can order the prisoner's release. The U.S. Constitution provides for habeas corpus, as do many state constitutions. For a writ of habeas corpus to be granted, the prisoner must already be in custody, and the state appeal process must already have been exhausted.
In a habeas corpus review, a court is allowed to consider new evidence. Due process provides prisoners with guaranteed rights such as the right to counsel, protection from unlawful search and seizure, and a fair and speedy trial by a jury of peers. Habeas corpus is commonly used as a post-conviction last resort by prisoners who are convinced that one or more of their due process rights were violated during the course of the judicial proceedings leading to their imprisonment.Learn more about Law
You need to prepare and file a petition and pay court fees in order to file for a divorce in Harris County, Texas according to lawyer Erick Dick and divorce attorneys at Busby & Associates. If you have children and property, you need an experienced lawyer to file for divorce.Full Answer >
In order to legally get out of a subpoena, you must hire an attorney to respond to or challenge it in court on your behalf.Full Answer >
A restraining order can be removed by a judge in a court of law, according to Divorce Source. One or both parties can request that the judge either modify or dissolve the legal injunction. It is up to the judge to determine if lifting the order is in the best interests of the parties concerned.Full Answer >
An alias warrant is an order of the court issued when the defendant has failed to appear, usually to enter a plea. According to the City of Fort Worth, the alias warrant is one of two types the court may issue; it is typically issued in misdemeanor cases.Full Answer >