What is the process for filing a petition for writ of habeas corpus?

Filing a petition for a writ of habeas corpus is a process available in Michigan to challenge the legality of a person’s prison sentence or detention. This writ is a legal document that requires the custodian of the individual in question to present them in court and answer why they are being held. To begin the process of filing a writ of habeas corpus in Michigan, the petitioner (the individual filing the petition) must be detained or imprisoned in a Michigan jail or prison. The petitioner must then fill out a Petition for Writ of Habeas Corpus, which is a type of legal document. This document must be completed accurately and must include information such as the individual’s name, address, the court or prison where they are being held, and a narrative of the facts of the case. Once the petition is completed, the petitioner must submit the petition to the court. The petitioner must also submit a filing fee to the court before the writ can be accepted. The court will then review the petition and decide if it will grant the writ. If the court decides to grant the writ, a hearing will be held. During the hearing the custodian of the individual in question will be required to present the individual in court, and they will be required to answer why they are being held. If the custodian is unable to provide a valid answer then the court may order the individual to be released from custody.

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What is the process for filing a petition for writ of habeas corpus?

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