The term Habeas Corpus is a Latin word which actually means “you have the body.” Nowadays it guards the rights of each citizen when it comes to unlawful custody. No one has the right to hurt your physical integrity by keeping you in custody without fair and solid evidence. The writ of habeas corpus definition is a legal instrument that proves time and again to be confusing to most of us. The accused prisoner or his lawyer files a petition of habeas corpus when he would like the court to issue hear a case against the detention of a person. The court will then have to decide if the detention is permissible under law. Habeas corpus petitions are treated by court with higher priority than any other civil case and are placed at the top of court dockets.
Learning how to file a habeas corpus petition is simple once you familiarize yourself with how the legal system works. In this article, you will learn step by step procedure to file a habeas corpus petition!
Instructions to file a petition for habeas corpus:
- First you need to make sure that the habeas corpus form you have acquired is authentic. You can purchase the original habeas corpus form from either the federal court or the state court.
- Study the form thoroughly. In the form you will find provisions to enter the details of the prisoner and those of the person representing him.
- The habeas corpus petition can be filed in cases where a person has had to suffer illegal imprisonment, when probation is unfairly denied or when bail is due. Depending on the issues of the case, prepare a statement that is to be addressed to the court.
- As the next step the court will either issue a writ of habeas corpus definition that includes a hearing of the petition filed with the presence of the detaining authority and the detainee or decline the petition altogether. The authority against which the writ has been issued needs to respond within 10days.
So it is always safe to have a good idea of the legal system before applying habeas corpus petition and in fact, any other legal adventure for that matter. You can avail more information about the topic online. Students of law need to go through this very important aspect of law in detail by going through previous judgments on the same.Google+