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.
A Nebraska Petition or Application for Writ of Habeas Corpus on Behalf of Prisoner on the Grounds of Excessive Bail is a legal document filed in the state of Nebraska to challenge the imposition of excessive bail on a defendant. This type of petition seeks to secure the release of a prisoner who is being held in jail due to an unreasonably high bail amount set by the court. In Nebraska, there are two primary types of petitions or applications for a writ of habeas corpus on behalf of a prisoner based on excessive bail: 1. Pretrial Petition or Application: This type of petition is filed before the trial begins, challenging the imposition of excessive bail during the pretrial phase. It aims to convince the court that the amount set is unreasonably high for the charges faced by the accused, thereby hindering their ability to secure their release pending trial. 2. Post-Conviction Petition or Application: This type of petition is filed after the defendant has been convicted and sentenced, but believes that the bail set during the trial or pretrial phase was excessive. By demonstrating that the original bail amount was unreasonably high compared to the offense committed and the defendant's ability to pay, the petitioner seeks relief through a reduction or release from custody. Keywords: Nebraska, Petition, Application, Writ of Habeas Corpus, Prisoner, Excessive Bail, Legal Document, Defendant, Release, Court, Challenge, Pretrial, Post-Conviction, Convicted, Sentenced, Charges, Reasonable, Reduction, Custody.
