The writ of habeas corpus shall be issued upon petition on behalf of anyone showing by affidavit probable cause that he is being detained without lawful authority or is being imprisoned when by law he is entitled to bail. The writ may be issued by any Circuit Judge on any day at any time and his power to issue such writs shall be coextensive with the Commonwealth.
History: Created 1962 Ky. Acts ch. 234, sec. 19.

Terms Used In Kentucky Statutes 419.020

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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