Habeas corpus is a Latin term meaning you have the body. It is a writ (court order) which directs the law enforcement officials who have custody of a prisoner to appear in court with the prisoner in order to determine the legality of the prisoner's confinement. Habeas corpus petitions are commonly used when a prisoner claims illegal confinement, such as holding a person without charges, when due process obviously has been denied, bail is excessive, parole has been granted, an accused has been improperly surrendered by the bail bondsman or probation has been unjustly denied.
The Hawaii Petition or Application for Writ of Habeas Corpus on Behalf of Prisoner on the Grounds of Excessive Bail is a legal document used in the state of Hawaii to challenge the imposed bail amount for a prisoner. This specific type of petition is filed when the accused believes that the bail set by the court is unreasonably high, unconstitutional, or in violation of their rights. The purpose of this petition is to request a higher court to review and reconsider the bail amount imposed by the lower court. By filing this document, the prisoner is essentially asking for a reduction or adjustment to the bail, arguing that the current amount is excessive and unjust. There are different types of Hawaii Petitions or Applications for Writ of Habeas Corpus on the Grounds of Excessive Bail. Here are a few common variations: 1. Pretrial Habeas Corpus Petition: Filed before the trial begins, this petition challenges the excessive bail amount set by the court during the pretrial phase. 2. Post-Conviction Habeas Corpus Petition: Filed after an individual has been convicted and sentenced, this petition is used to contest the bail amount set during the pretrial phase or any subsequent bail adjustments made during the trial. 3. Bail Review Habeas Corpus Petition: Filed when the accused believes that circumstances have changed since the initial bail amount was set, this petition requests a review of the bail based on the new information and arguments presented. When preparing a Hawaii Petition or Application for Writ of Habeas Corpus on Behalf of a Prisoner on the Grounds of Excessive Bail, it is crucial to include the necessary information, such as the prisoner's name, case number, relevant dates, reasons for challenging the bail amount, and supporting legal arguments. It is recommended to consult with an experienced attorney or legal professional familiar with Hawaii's specific laws and requirements to ensure accurate and effective filing.
