Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Definition: A legal action (writ) that challenges the legality of a person's imprisonment or detention. "Habeas corpus" is Latin for "you shall have the body" — it requires the government to justify why someone is being held.
Category: Constitutional Rights · Statute: Article I Section 13, Florida Constitution · Source: Florida Legislature
Florida Constitution, Article I, Section 13"The writ of habeas corpus shall be grantable of right, freely and without cost."
When Is Habeas Corpus Used?
- When someone is held without bail and believes it's unlawful
- When bail has been set unreasonably high
- When someone is held past the legal time limit without charges
- When procedural errors occurred during arrest or detention
Habeas Corpus and Bail
If bail is set unconstitutionally high or is improperly denied, a habeas corpus petition can force the court to reconsider. This is a remedy of last resort, typically used after other motions (like a bail reduction hearing) have failed.