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).

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Answered on 3/04/08, 5:45 pm


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