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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) No person who has been discharged by order of a court on a habeas corpus shall be again imprisoned, restrained, or kept in custody for the same cause, unless he is afterwards indicted for the same offense or unless by the legal order or process of the court wherein he is bound by recognizance to appear.
(2) The following shall not be deemed to be the same cause:
(a) If, after a discharge for a defect of proof or on any material defect in the commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense;
(b) If, in a civil suit, the party has been discharged for any illegality in the judgment or process and is afterwards imprisoned by legal process for the same cause of action;
(c) Generally, when the discharge has been ordered on account of the nonobservance of any of the forms required by law, the party may be a second time imprisoned if the cause is legal and the forms required by law observed.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 13. Courts and Court Procedure § 13-45-109. Once discharged--reimprisonment - last updated January 01, 2025 | https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-45-109/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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