Attorney John Cucci briefly explains the Habeas Corpus Petition.
The "Habeas Corpus" means literally "Produce the Body."
It is filed in either State or Federal Court. Once filed properly, it forces the jailer or Warden to produce the body in court and explain why he or she is being jailed. There are times when the prosecutor or the government unlawfully or unconstitutionally keeps someone in jail. At the hearing, if the government can not lawfully explain why you are still in jail, they must release you. A good example is when a convicted person has completed their sentence, but have not yet been released. The Habeas Corpus can also be filed when there is a wrongful probation or parole hold placed on someone.

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