California · Penal Code

PEN §1487: If it appears on the return of the writ that the prisoner is in custody by virtue of process from any Court of this State, or Judge or officer thereof, such prisoner may be discharged in any of the fo

Civil

What this law says, in plain English

This statute sets out procedural conditions under which a prisoner may be discharged through a writ, including when court jurisdiction is exceeded, process is defective, or detention is unlawful.

Read the full statutory text

If it appears on the return of the writ that the prisoner is in custody by virtue of process from any Court of this State, or Judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of the last section: 1. When the jurisdiction of such Court or officer has been exceeded; 2. When the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has become entitled to a discharge; 3. When the process is defective in some matter of substance required by law, rendering such process void; 4. When the process, though proper in form, has been issued in a case not allowed by law; 5. When the person having the custody of the prisoner is not the person allowed by law to detain him; 6. Where the process is not authorized by any order, judgment, or decree of any Court, nor by any provision of law; 7. Where a party has been committed on a criminal charge without reasonable or probable cause.

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