Legal Question in Criminal Law in California
Habeaus Corpus
Can a prisoner be released on appeal if his attorney files a Habeaus Corpus on his behalf?
Asked on 3/04/08, 5:13 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Habeaus Corpus
Merely filing a habeas petition does not entitle the inmate to release. Even rulings in his favor on the petition and the appeal are usually not enough; the government has the right to challenge that result and the inmate will typically remain behind bars until the result becomes final (unless he otherwise qualifies for release before that happens).
Answered on 3/04/08, 5:45 pm
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