Arizona Laws 13-4139. Finality of discharge; exceptions
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A person who has been discharged by order of the court or judge upon habeas corpus shall not be again imprisoned, restrained or kept in custody for the same cause, except:
Terms Used In Arizona Laws 13-4139
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
1. If he was discharged from custody on a criminal charge, and is afterwards committed for the same offense by legal order or process.
2. If, after discharge for defect of proof, or for any defect in process, warrant or commitment, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.