Define: Mittimus

Mittimus
Mittimus
Quick Summary of Mittimus

A mittimus is a legal order instructing a jailer to detain someone until further notice. It can also refer to a document detailing the proceedings of a court case where an individual was convicted and sentenced to jail. Additionally, a mittimus may serve as a document directing one court to transfer their records to another court.

Full Definition Of Mittimus

A mittimus is a legal document that orders a jailer to keep a person in custody until they are released by another order. The term “mittimus” comes from Latin and means “we send.” For example, if a person is arrested and charged with a crime, a judge may issue a mittimus to keep them in jail until their trial. Additionally, a certified transcript of a prisoner’s conviction or sentencing proceedings is also referred to as a mittimus. Another type of mittimus is a writ that directs the transfer of records from one court to another. These examples demonstrate how a mittimus is utilised in the legal system to maintain custody of a person or transfer records between courts. It is an important tool for upholding order and ensuring that justice is served.

Mittimus FAQ'S

A mittimus is a legal document issued by a court that orders the transfer of a person to a correctional facility or jail after they have been convicted of a crime.

While an arrest warrant is issued to apprehend a person suspected of committing a crime, a mittimus is issued after a person has been convicted and sentenced, ordering their transfer to a correctional facility.

A mittimus is typically issued by a judge or magistrate after a person has been convicted and sentenced.

A mittimus usually includes the name of the convicted person, the crime they were convicted of, the sentence imposed, and the name and location of the correctional facility they are to be transferred to.

In most cases, a mittimus cannot be appealed as it is a procedural document that simply orders the transfer of a convicted person to a correctional facility. However, the underlying conviction and sentence can be appealed separately.

In certain circumstances, a mittimus can be modified or amended by the court. This may occur if there is an error in the original mittimus or if there are changes in the circumstances of the convicted person.

A mittimus remains valid until the convicted person has been transferred to the designated correctional facility. Once the transfer has taken place, the mittimus is considered fulfilled.

While it is generally difficult to challenge a mittimus itself, a convicted person may challenge the underlying conviction or sentence through the appropriate legal procedures.

If a mittimus is not executed, it may result in a delay in the transfer of the convicted person to the correctional facility. However, it does not invalidate the conviction or sentence.

No, a mittimus is specifically used in criminal cases to order the transfer of a convicted person to a correctional facility. It does not apply to civil cases.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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