What is a writ of habeas corpus?

A writ of habeas corpus is a legal order that requires a person or entity to physically bring a prisoner into a court to face a judge and explain why the prisoner is being detained. In North Carolina, a writ of habeas corpus is an extraordinary remedy used when a person believes that their detention is illegal or a violation of their constitutional rights. The writ of habeas corpus is sometimes referred to as the “Great Writ” because it is so important to a person’s rights. In the United States, the writ of habeas corpus was established in the Constitution to ensure that no person could be held indefinitely without a trial or hearing. The writ of habeas corpus can be used any time and in any jurisdiction to challenge the legality of a person’s detention. In North Carolina, if a person believes they are being unlawfully detained, they can file a petition for a writ of habeas corpus. The petition must state the facts of the imprisonment and identify the specific rights that the person believes have been violated. Once the petition is filed, the court will review the case and decide if a hearing is necessary to determine the legality of the detention. The court will then issue a writ of habeas corpus ordering the person or entity holding the prisoner to appear in court and explain why they are being detained.

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What is a writ of habeas corpus?

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