Habeas Corpus and Extradition

Habeas Corpus is a civil suit, generally against the sheriff, stating the defendant is being illegally held in jail. If the bond is set so high the defendant is unable to post the bond, he can allege he in being illegally held. The defendant may request a bond reduction on this ground.

Habeas Corpus is also available in extradition matters. Many Mississippi sheriffs refuse to approve extradition or fugitive bonds. The Attorney General represents the state in all governor's warrant extraditions. If a defendant is not timely extradited, the defendant can file a Habeas Corpus and request release. (Mississippi has abolished post conviction Habeas Corpus in favor of the statutory post conviction relief).