Legal Definitions - plea of release

A plea of release refers to a formal request or argument made in a legal proceeding by or on behalf of an individual seeking to be freed from detention, legal charges, or other forms of legal constraint. Unlike a plea of "guilty" or "not guilty," which addresses the merits of a criminal charge, a plea of release focuses on the legality or appropriateness of the person's continued confinement or subjection to the legal process. It is essentially an appeal to the court for freedom or an end to a particular legal obligation.

Here are some examples illustrating a plea of release:

• Example 1: Challenging Unlawful Detention

  Imagine a situation where a person, Mr. Henderson, is arrested and held for several weeks without formal charges being filed against him. His attorney files a petition for a writ of habeas corpus, arguing that Mr. Henderson's detention is unlawful because the state has exceeded the legal time limit for holding someone without charges.

  This illustrates a plea of release because the attorney's petition is a formal request to the court to order Mr. Henderson's immediate freedom due to the lack of legal justification for his continued confinement.

• Example 2: Requesting Bail or Release on Recognizance

  During a pre-trial hearing, Ms. Chen's lawyer argues to the judge that Ms. Chen, who has a stable job, strong family ties in the community, and no prior history of failing to appear in court, should be released on her own recognizance or with a reasonable bail amount, rather than remaining in jail until her trial date.

  This demonstrates a plea of release as the lawyer's argument is a formal appeal to the court for Ms. Chen's freedom from pre-trial detention, allowing her to await trial outside of custody.

• Example 3: Seeking Dismissal of Charges Due to Procedural Error

  A defendant, Mr. Davies, is facing charges, but his legal team discovers that the evidence used to obtain the arrest warrant was collected in violation of his constitutional rights. His attorney files a motion to suppress the illegally obtained evidence and, subsequently, a motion to dismiss all charges, arguing that without the tainted evidence, there is no probable cause to proceed, and Mr. Davies should be released from the legal process.

  This exemplifies a plea of release because the attorney's motions collectively represent a formal request to the court to terminate the legal proceedings against Mr. Davies and free him from the charges and associated constraints due to a fundamental procedural flaw.