What is a writ of habeas corpus?

A writ of habeas corpus is a document issued by a court which orders a person or entity to bring someone who is in custody before the court. In Hawaii, a writ of habeas corpus is issued when a person has been arrested and detained without due process of law. This means that the person was arrested without a warrant or probable cause. A writ of habeas corpus can also be issued if a person is held in custody beyond his or her legal right to be released. The writ orders the person or entity holding the individual to bring the detainee before the court. Once the detainee is presented before the court, the judge can hear arguments from both sides and decide if the detainee is being held lawfully. If the judge finds that the detainee is being held unlawfully, he or she may issue an order for the detainee’s release or decide to set defendant will appear in court when required.">bail. Writs of habeas corpus are a fundamental right guaranteed by the United States Constitution and are designed to protect citizens from being held in custody unlawfully. In Hawaii, writs of habeas corpus are used when a person has been illegally arrested or is being held in custody without due process of law.

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What is a writ of habeas corpus?

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