Criminal

Prisoner Disposition Writ of Habeas Corpus

By December 11, 2015 No Comments

A Writ of Habeas Corpus received from a judge by telephone must be honored as though it were received in person.

The supervisor over the section charged with the investigation of the offense must be contacted and advised of the writ. If the supervisor over that unit is not available, the next higher level in the chain of command of the unit must be contacted.

If the writ is received during hours when the investigative supervisors are not on duty, they must be contacted through the call-back system.
D. The officer who delivers the writ and the prisoner must have sufficient knowledge of the matter to inform the court of the charge against the prisoner.
E. If the writ is delivered by an attorney, signed by a magistrate of competent jurisdiction, with a bond included in the writ, the prisoner must be released according to jail procedures.

The jail supervisor must maintain a log of all writs that are phoned or delivered to the jail supervisor. The log must in- clude the date and time received, whether the writ was telephoned or received in person, the writ number from those delivered in person, the name of the judge or bailiff authorizing the writ, the time the detective supervisor was noti- fied, the prisoner’s name, and the name of the jail supervisor. The jail supervisor should indicate unit/division desig- nation on the corner of the writ and place the writ in the appropriate detective’s tray.

Francisco Hernandez

Author Francisco Hernandez

More posts by Francisco Hernandez