Q: Habeas corpus. Is this a good thing or a bad thing? What can I do to help him?
My fiancé has an open case from a few months ago regarding a dispute between us. He had a no contact order in place, which we BOTH broke. He was arrested the other day and has had 2 bail hearing since then where he is being kept without bail, and commitment pending hearing. His public defender has petitioned for a motion to suppress, request for a speedy trial and most recently a writ of habeas corpus. His hearing isn’t for another 2 months. Is the habeas corpus going to shorten that time or is it just going to make the situation worse? We have children together and it’s extremely hard for me to take care of our home alone. Is there anything I can do to help?
A: If bail is denied, a defendant can file for a writ of habeas corpus asking in the Circuit Court that he be released until trial. If it is granted, he would be released from jail until the trial date.
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