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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
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Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Can a person use habeas corpus to question the detention and

Customer Question

Can a person use habeas corpus to question the detention and the whole criminal case and trial, if the person is out on bail?
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 1 month ago.

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.
By continuing, you acknowledge that I am not providing legal advice and can only comment on the law in general.

Not typically. A habeous corpus writ simply commands the person who is detaining another person to bring them before the court, identify themselves as a lawful detainor, and explain to the court the legality of the detention. There are many other legal safeguards in place that deal with the intricacies of a criminal case.

I hope this helps.

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DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.

Customer: replied 1 month ago.
does that mean no because the person is out on bail ?
Expert:  Michael J, Esq. replied 1 month ago.

It means the habeas corpus writ is only used to physically bring a person to court. It's an order to "bring the body". If they are out on bail, there is no need for a writ.


Customer: replied 1 month ago.
but once convicted the person can apply for a writ to challenge the conviction, correct?
Expert:  Michael J, Esq. replied 1 month ago.

No. Again, habeus corpus is just to challenge detention in court. You would file an appeal to challenge a conviction at the trial level.


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