What is a writ of habeas corpus?

A writ of habeas corpus is an order made by a court to a government, prison, or detention center to release a person that is being held illegally. This writ is also known as the ‘Great Writ’, and it has been around for centuries. It is a cornerstone of our justice system and ensures that individuals have basic protections against arbitrary imprisonment or detention. In Maryland, an individual may file a petition for a writ of habeas corpus if they are unlawfully being held in prison or in a detention center, or if their sentence has been wrongfully extended. This petition must be filed with the court that issued the order of imprisonment or detention. The court will then review the petition to determine if the individual is being wrongfully held. If the court finds that the jail or detention center is indeed holding the person unlawfully, it may order the release of the individual. The writ of habeas corpus is a powerful tool, as it can protect individuals from illegal imprisonment or detention. It is an important safeguard of the rights of all people, and is an integral part of the Maryland’s justice system.

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