How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3461
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
Type Your Criminal Law Question Here...
Michael J, Esq. is online now
A new question is answered every 9 seconds

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: 11 months ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 11 months 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.

If you valued my time, please consider rating me positively at the top of the page. Experts don't get credit for our answers until you do. If you have further questions, please continue to ask them until you're completely satisfied.

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 11 months ago.
does that mean no because the person is out on bail ?
Expert:  Michael J, Esq. replied 11 months 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 11 months ago.
but once convicted the person can apply for a writ to challenge the conviction, correct?
Expert:  Michael J, Esq. replied 11 months 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.