Sorry no bond vop but court clerk in county having her held. She transferred her probation in 2018 to the county holding her but not the county that supposedly has a hold on her... But yet says they did not violate her??? Ima so confused and so is she... She completed her probation march 2019 and was released ..
Thank you for this great presentation !!! Im a french lawyer and i ve always been looking for a deeper explanation of this concept as nothing similar exists under french law. This was perfect !
Technically It no longer exists in USA. Obama did away with it some how. Our other rights are supposed to be God given or natural. I guess whats given by God can be taken by men.
@@GasGotti actually it was signed by Obama in Dec. Of 2011 and is called the NDAA. It has indefinite detention in it. There have been of course different versions like after 9/11(Patriot Act). So journalists, activists, human rights workers, etc can be arrested on vague assumptions under indefinite detention. See Hagues v. Obama where the plaintiff lost because they lacked legal standing.
Great content.. I'm currently serving a life without parole for a crime I didn't commit and no-one in my case died. This is very helpful. I wish that I could obtain your services but I am in SC.
Thank you for this video. I have a loved one detained in Northwest Tacoma, passed the 180 days ...this infinite detention has already impacted his children and widowed mother
Thank you for this video, it was illuminating in many ways. Not just in what a writ of habeas corpus is, but further how it is applied in criminal law when there is suspicion of unlawful detention or restraint.
I find it funny as one whom understands the inner world's laws of humanity and the natural mechanisty of the universe create the ahrimanic current of thought. Running opposed to this current which grounds the being within the physical. Is the Luciferic current which once waged a war of knowledge against love and now fights knowledge with love the love of the self and drive to perfect ones self's is where the Luciferic current resides . These are the 2 most known poles in human thought. The Luciferic current takes one away from the earth and the perfection found there when manifest here is evil. That being said the alternative is a numbed reality then you have beings such as me a pluralised I body and angel of death of the fifth dimension. True justice is automatic and instinctual but not uncontrollable
@@GustitisLaw I have an unrelated question for you sir. The prosecutor filed charges battery charges against me. The alleged victom never wanted charges filed, no physical evidence, no other witnesses saw contact... . The prosecutor refuses to talk to the alleged victom or any alleged witnesses but says she will use police testimony to convict me The police lied on the police report. The bodycam proved they made key "mistakes" Like another person said they started argument. This was left out. Victom said contact didn't hurt. Police report reads he said it did hurt. I pointed this out to my attorney who basically shrugged his shoulders. Is there any civil action I can take on the states assult on me. Or is this another case of "justice is a myth. Sucks to be me/you. Good luck with that" Sincerely. J. Cyclops
@@jupitercyclops6521 Everything you mentioned could be used to discredit the prosecution's case. Your defense lawyer will use those issues during cross-examination. And no, there is no civil action you can take because the prosecution has absolute discretion to file, or not file, criminal charges.
@@GustitisLaw WOW! Thatwas a quick response! I salute you sir! Yeah, seems like I read about prosecutions free hand, I wasn't sure though. I can only hope/ pray my attorney will take advantage of those facts. Problem is if he does, I'm sure the police will only not " recall" those facts, but thats the way the old cookie/ justice crumbles! Haha! I might have a couple more civil cards to play (probably not) but I would love your opinion on them as well; 1) my daughter is a witness and a minor, but they wrote out her name on forms that were made public. It was a onth or so before they canceled it. 2) according to the state attorney generals web site; the clerk had 3 days to provide me a written reason for not giving me the police report. She took 10 business days from the date of my request. I'm pretty sure the state will be ok with those mistakes made by the state as well, but I wanted to double check. Thank you so much for your replies (subscribing and sharing for your opinion has to be the deal of ay least s decade. Advice from attorney relatives cost more hahaha oh! (If one that were a joke)) PEACE!
@@jupitercyclops6521 It's hard for me to respond to your specific questions since I don't have access to the evidence and facts. Do you have a lawyer working for you?
Do you include the relief being sought in the grounds for relief on the 1107 form? For example: "I am seeking relief from the inclusion of the affirmative finding of a deadly weapon."
If the harm you are trying to fix is the affirmative finding of a deadly weapon, then I would say yes. You also must allege facts, if true, that would entitle you to the relief sought. And generally, this would include some violation of a constitutional right that resulted in the deadly weapon finding. For instance, what facts demonstrate your constitutional rights were violated and how did the violation result in the affirmative finding. I hope this helps.
Thank you, brother of the bar, for your presentation. It will help many people understand this legal concept and some of the key writs issuing thereunder. The only thing I would have added at the beginning is the literal Medieval Latin translation, "We [a court] command that you may have the body." That, along with a bit of its history, I think would lay out the basic premise in its historical context for deeper understanding. Nevertheless, an excellent job!
Thank you for these - Please cover the procedure for filing a AO91 where FRAUD was committed on the Court in Respondent's Declarations or Transcripts AND can be proven with Exhibits. How Form is properly completed, How to Serve properly and appropriate followup.
Regrettably, I cannot give legal advice here on my Channel. The videos are for information purposes, not instructions about how to litigate a case. I recommend you consult with a qualified defense attorney in the state where this case is pending to provide advice and counsel about how to proceed. Thank you for your visit.
I am a pretrial detainee. I can satisfy the Strickland Test, Constructive Denial of Counsel, and Conflict of Interest to demonstrate a showing of Ineffective Assistance of Counsel...and the merits that I use to satisfy those clause are already on the record....I need my judge to conduct a hearing into my counsel deficient inadequate performance so it's on the record
Absolutely love your channel thank you for the information and what you're doing for the people. I have a quick question I have a cousin who is 32 years of age who when 12 years old was charged along with two other boys in a sexual misconduct situation. He had ineffective counsel for he was advised to plead guilty, the other two boys did not plead guilty and their case was dismissed. Now some twenty years later he's being held for failing to register as a sex offender for a conviction that he pled guilty to when he was 12 years old. Does this sound reasonable to you? Must a juvenile seal his records in order to be protected from them being used against him? Thank you for your opinions concerning.
I appreciate you watching and I'm thankful for your kind words. The situation you described is really a sub-niche in the criminal defense field, juvenile law. The sex registration requirement is a matter of his State law, and no it does not sound reasonable to me. I know that Texas has laws which allow a juvenile to seal their records after a certain period of time, depending upon their age and the type of offense they were convicted of. There may also be a way to change his registration requirement, but that would probably not affect his current charge of failing to register. In any case, he should seek legal counsel in the State in which this happened.
Video was exceptional. You were very cleat and understood all you were saying.agyer 50 plus years something I did as a juvenile. , had come back to hurt my. Although when I was waiting to be sent to a reformatory. An attorney came up and said he was getting me out on a writ of habeas corpus. My conviction was set aside, but recently discharged from employment, I’ve had all my life. I need help with this, o am unemployed, have PTSD as result of in- natural loss of only child, Do you think a lawyer will see me for a consultation. O have no monies available, paying everything on my own Thank you for your help and consideration.
I certainly appreciate you watching the video and I'm glad it was helpful. But if your conviction was set aside already, I do not think you need to file a writ of habeas corpus.
All I can say is in Polk county, detainment is the 1st thing they do to both parties because it brings $300 per day per person. One accusation from a perpetrator is all it takes to be detained. Property owners are in great danger, they have no regard for securing your property when they do detain you. Your one call is almost impossible to make. I am not nearly as afraid of criminals as I am legal kidnapping. I have learned that calling 911 for help is dangerous.
Thanks for sharing the truth that so many with hold. And helping citizens against corruption and extortion by those who disgrace the constitution and even worse the ones who died to establish it and for this great country ..the judges and prosecutors who flush their sacrifices of heros along with their oath to uphold the constitution like its garbage...your video has helped tremendously tremendously
Since my Channel was created to educate people, I prefer that questions be posed here in the comment section so everyone can benefit from the answer. If you want to hire me to represent you, then you'll need to call my office and schedule an initial consultation. Thank you for visiting!
I'm sure there are thousands of cases that involve habeas corpus. In fact, I imagine that many of the conviction reversals resulted from a successful habeas corpus. Maybe not so many now since the standards of legal representation have improved over the last 20 years. But even state supreme courts have handled 1000s of cases.
Do you have to be on probation to do Habeas. I have 2 yrs left. I finished 3 years & wanted to apply for termination. I am a paralegal wrongfully convicted working as doctor's administratior. Was offered ARD & 2 yrs probation in 2017. Had nothing to do with being accomplice for writing meds.. Still fighting. Judge just rubber stamped for commonwealth. 3 bad lawyers representing me.
I'm sorry, but providing a template for a writ would be practicing law on UA-cam, which I simply cannot do. I do appreciate your visit here, but I'd recommend speaking with an attorney in the jurisdiction where the case was resolved or pending.
I have a friend that’s incarcerated in Tn and has been transferred to the Penal farm on 2/13/2020. He was denied parole and extended to come forth the Board of Parole on 06/2023 . He signed for a plea bargain ( guilty ) with thre counts of crim-att 2 & reckless endangerment. Where the incident was he was shot 7times but the 3 victims were shot once and only 1 person came to testify against him. All of this happened at PreTrial. Does he have a chance to do this Writ and get something going? He also has put in a request to Suspend Remainder of Sentence Due to Covid 19 . His respiratory system is very fragile ( a bullet in his chest and two next to his spine ) . His Public Defender coerced him into signing by presurring him that a worse outcome will happen if he doesn’t take the 10yrs... Best advice ?
He has been at 201 Poplar for 32 months and at this moment a full 36months of incarceration... I believe he was an innocent bystander . The affidavit says there’s a video of him but it was never used in court . Like l recently said he was transported to the Penal Farm . This has been going on since 2017 and he signed for time on 2/13/2020.
A writ of habeas corpus is a very specify legal instrument. The petitioner has the burden of proving their constitutional rights were violated AND that the violation caused them harm. If they cannot prove this, then they lose. Based on what you told me I have no idea whether your friend would prevail. My recommendation is to hire a defense attorney in TN that is experienced in these writs. The lawyer will investigate and determine whether there are grounds for filing. Good luck and thanks for your question.
How does this play out in an extradition case where a court has detained a prisoner for double the amount of time allowed using covid 19 as the excuse to give the asking or extraditing state additional time? In this case, the prisoner being held in California. What would be the turnaround time if the writ was submitted to an appellate judge/court?
If the constitutional rights of the prisoner are being violated because of their detention, you could probably file a writ of habeas corpus in the state in which the detention is occurring. The court hearing the writ would decide whether constitutional rights are at issue. State law regarding the filing of a writ of habeas corpus must be followed. I recommend hiring a defense attorney in California to help. I have no idea what the turn-around time would be.
@@GustitisLaw thank you. The prisoner in question by the way had another hearing today and despite any proof by judge showing there's an actual warrant issued by the extraditing state, judge is still giving them 2 more weeks to come get him. Today marks over 65 days of encarceration when he was only supposed to be held for a total of 30 days.
Have warrants in another state with no extradition just surrounding states just did time in the state I'm in looking too file fast and speedy trial to force action too get my case thrown out would this be an effective way to go about it?
Hi Steve, quick breakdown...my son has been diagnosed with schizophrenia (2019). He sustained a head injury in July of 2020 and they let him out of the hospital without contacting anyone. He went to a friend's house, on meds, and still wearing his medical bracelet. He was confused and tried to enter a stranger's house. They called the police because they were concerned about him, NOT to press charges or make a complaint. He had already walked away from the home and was standing on the street when an officer approached him. THe officer knew him, and confirmed it was him by his bracelet. My son admits to "dealing with a psychotic episode" at the moment of their interaction. The cop arrests him for disorderly conduct, and then, because they drugs he was on makes him confused and twitchy, they added resisting because his arms tensed up when they went to handcuff him. They kept him in jail for over 54 days, with no charges, and no counsel. But they keep ordering a mental competency test, which starts the clock over again. He was let out, again, indigent, with no family notified. He went to my sister's house and she thought he was on drugs, as he was in total psychosis, and speaking of his delusions. She wanted him to get medical help so she called the police to come take him to the hospital. They didn't want to...said he seemed fine. Soo....my sister tells them she found this small envelope of suboxone in her yard and she thinks it's his. So they arrest him on drug possession, even though they never once saw it on him. They held him in jail on those "charges" for over 54 days with no counsel and in total psychosis. The public defender was a no call no show for three separate hearings. On the last one, my son was brought into a video conference room with no counsel present, unshackled and unrestrained, to hear the judge tell him that he is incompetent and would not be getting out of jail anytime soon. At that time, my son claims he heard voices tell him to hit the bailiff, who was sitting in the back of the conference room. Which he did. On camera, in front of a judge (on video). NOW they are charging him with Criminal Felony assault to law enforcement. And now- everything else is off the table except this new felony. We filed a writ of habeas corpus on Friday, but...nothing! They made us pay 165.00 to file it, and we have heard nothing. What happens after you file it? Is there something we should be doing?
Does your son have a defense attorney working for him? If yes, these important questions should be directed to the lawyer. If not, there are no suggestions I can make for your son, regretfully. My Channel was created to educate and not to give advice on how to handle any given situation. In other words, I cannot give free legal advice on the Internet. I'm sorry I cannot be more helpful to you.
What if a judge that was the lawyer for a case 15 years ago for an client which got sentenced and did many years in prison became judge on another case the same one he " defended" and sentenced him to 9 years on a burglary 4 years ago. Was the same judge / ex lawyer supposed to judge his case and over sentence him in both cases?
I don't know. It depend upon the facts and circumstances of the prior case and the present case. If the judge recognized a conflict, they would have a duty to recuse themselves. The defense attorney could also file a motion to recuse the judge if they believed there was a conflict.
This was very informative and I would like to find out more about the forms needed to help a loved one free himself from confinement as his sentence is served plus he was wronged in the first place but once arrested I had no idea of what to do! We Are Moroccan Americans and I say this because we do most documents in hand writing in the format of an affidavit. Enlighten me please
Regrettably, I do not possess the forms you are asking about. Please hire a defense attorney in the jurisdiction where this case is located. Good luck and thanks for your question.
What can i do if i went through habeas corpus and it was proven my arrest and détention was illegal.And i signed an settlement and now the partner refuse to compensate me.
My issue is I have felony, theft by receiving 2011, finished probation 4/23/18 and I’ve already used my first offender in 2007. I’m trying to get this felony expunged but the state of ga only expunged first offenders. Can I use this writ to expunge or seal this charge.its holding me back from a job with the fire dept and I’m also in school for nursing. With this charge I am unable to do both of these career paths.
Eligibility for an expungement is a matter of state law. However, a writ of habeas corpus is not used to expunge or seal records. It can only be used to challenge confinement based on a violation of constitutional law. If your theft case was reversed using a writ of habeas corpus, it would send it back to the trial court and you'd be starting all over again like your probation never happened. I'm sorry you are having trouble in your career, but it simply may be too late to affect the longterm consequences of what happened in 2011.
Thank good video I have court tomorrow afternoon I am facing a petit theft charge with walmart I was wondering if I take this to trial because I did not intentionally over scan what are the odds of walmart even showing up?
Hello sir! Love your videos. My question is: can exhibits be added to writs of habeas corpus? There was a internal affairs file that contradicts the original arrest and affidavits in my favor and I'd like to attach them.
Grandson picked up at borderline Mexico 3 days but no one knows where he is but they had my son pickup his personal stuff but not letting his mother know and he's in the navy
That's an excellent question. Habeas Corpus does apply to unconstitutional bail confinement and conditions. However, these cases are decided case-to-case after a hearing where facts are presented to the judge. There is no case law governing all cases involving these challenges.
You mention in this video ineffective assistance of counsel is covered in our 6th Amendment Rights. In future videos would you cover can we sue for ineffective assistance of counsel in Civil Court - citing 6th Amendment Right violation? Ty!
How do you file a Writ of Habeas Corpus if you are confined? Where can we find examples of the formatting and requirements for writing a Habeas Corpus?
In what State is the person confined? I know Texas prisons have pre-printed forms that inmates can use to prepare their writs. County jails would probably not have any forms to work from. Certainly, an attorney skilled in the preparation and litigation of a writ of habeas corpus is the best choice. A pro-se litigant can easily make mistakes that affect the ruling on the writ.
I need to file Writ of Habeas Corpus here in Arizona on behalf of my wife. I want to be sure that lay out the necessary points that need to reviewed. How can I do this if I am unable to find an attorney who can or will work with me to accomplish this?
@@GustitisLaw is there a template for creating such a document so I can be sure that it is properly formatted to establish jurisdiction and improve likelihood that the court of appeal will review the case?
Good morning Gustitus Law are you familiar with the Caterbone Surpreme court case? This question is brought up in regard to Habeus corpus, as that is what cater bone contended. Could you explain the appropriate use of Habeus Corpus in regard to this case?
Can this be effective for pretrial bond condition where the courts are requiring random drug testing when the charges has nothing to due with a controlled substance?
Good day sir, we're having a parliamentary debate I'm in the side of opposition team. Our motion are all about: the writ of habeas corpus of the rebellion should not be suspended and warrant of arrest is not mandatory if such crimes is committing and attempting by the person. Can you give me some advice's about this two motions as side on opposition? Thank you.
I was never a debater. And the problem is I'm not familiar with the concept of "warrant of arrest is not mandatory." I'm sorry I was not able to help you.
Question was my due process of law violated when someone jumped on the hood of my truck and the police did not match up his shoes to the shoe prints left on the hood of my truck wouldn't that be the lack of due process of the law? I was charged with running the guy over but I didn't and got an enhanced strike 8 months in county jail plea bargain over what they said the court would give me a minimum of six years before the 9th circuit Court of appeals nullified the case.
Due process has nothing to do with how the cops investigate the case. If there was insufficient evidence (from the appeal court point of view), that lead to a conviction, that could possibly be due process violation. But as long as the appeal court rules there was enough evidence to provide a rational basis for the guilty verdict, then there is no due process problem concerning the issue you described.
I would recommend locating a qualified attorney in the geographic location within which the 6th Circuit is located. Good luck and thanks for your question.
@@cuznbill3251 seems a bit biased. However when fighting for your very freedom or life, they could care less either way they are going home. Well paid I will add.
Can you do a video how to recuse a judge with a affidavit to the chief justices I seen a da use this strategy on youtube and judge will usually deny the motion but then recuse themselves when the chief justices are mention so you can sue a judge but can be taken out of a case for bias
A motion to recuse a judge is based on evidence and facts. Consequently, I cannot make a video about how to successfully file and win such a motion. That's what your criminal defense attorney is for. Why don't you speak to them about this issue?
So when you report a judge to the chief justice and the justice say that judge is no longer a judge because he retired so how is he 🤔 working and if he working privately now he can be sued interesting how google and ai chatgpt are giving us a lot of info
I worked on a habeas corpus pursuant to Art. 11.07 (a post-conviction writ). I was assisting the lawyers in formulating the petition. Here was a case a defendant was indicted for intoxication manslaughter by causing his motor vehicle to collide into a motor vehicle causing the death of the driver. 3 years after the original grand jury issued the indictment, the day of trial, the State announced that it will reindict the defendant and add two paragraphs of prior convictions. However, a week before the trial date the State filed a motion to amend the indictment "off the record" to change the nature of the offense. The State sought to change how the offense occurred. Instead of colliding a motor vehicle into a motor vehicle, the State alleged that the defendant drove his motor vehicle and collided it into a pole, thereby causing the death of the passenger (in the defendant's vehicle). Now in Texas, the State can Amend an indictment to form or substance, but it cannot amend an indictment over the defense's objection if the amendment violates the defendant's substantial rights or charges the defendant with a different offense. The State argued that even though the amendment was made "off the record", the defendant was still charged with the same statutory offense. The retort was, the State changed the grand jury's offense of the indictment, including the deadly weapon and how the victim died. Then the State had claimed that a grand jury reindicted the defendant as it issued two paragraphs. The reindictment was not attached to the original indictment or its court minutes. It was as the original indictment never existed. Our position was that the State illegally tampered with the indictment to claim the grand jury reindicted the defendant and added the new language while the original indictment remained pending with its original offense. The records had shown that the second grand jury merely added the two paragraphs and did not add any substitution of language. The State used the Amendment to have the grand jury add in the language. And it was all off the record. The judge and prosecutor involved did not preside over the case or prosecute the case and sought to distance themselves away from the trial. The judge assigned a new prosecutor and had a visiting judge preside over the case for the trial. The defendant was convicted. The case was overturned 7 years after the defendant had been convicted.
@@GustitisLaw Better than that, the Judge entered an acquittal at the hearing. They could not retry him. The State had already tampered with the indictment. The original indictment was the only indictment that was valid. The hearing took 3 days because the Judge wanted to review all the records and wanted to hear from both the former prosecutor and the former judge. They both had amnesia and could not recall the case. The Judge shook his head in disgust and entered an acquittal and decreed the defendant not guilty.
Sir, I am neither a lawyer nor a criminal. I've just developed an interest in learning how our laws work. My question would be if a criminal rightly convicted in a court of law could use a post conviction writ of habeas corpus to challenge his/her penitentiary assignment if they feel it is extreme in relation to their crime? An example would be if a person convicted of habitual drunk driving offenses were assigned to a maximum security prison where there were high levels of violence.
I doubt those facts would support a writ of habeas corpus. The person must prove their detention was unlawful. Being in a maximum security unit for drunk driving does not prove the detention was unlawful. Thanks for your question.
@@GustitisLaw Thank you, sir! This is truly fascinating to say the least! Post conviction habeas corpus thus apoears to deal solely with the legality of being restrained in one's liberty from the outset then.
Can this be a method used where one is jailed in one jurisdiction, and another puts a warrant out for failure to appear in another jurisdiction. I have a friend that has been entangled because while being locked up in Harris County, she couldn't appear in Montgomery County. Montgomery County placed a warrant out for failure to appear. After making bail, she got notice to appear in Montgomery County. When appearing, they arrested her for failure to appear. Now, she is currently locked up in Montgomery County, and recently got notice to appear in Harris County, but can't since she is locked up in Montgomery County. She is going to get a failure to appear, and a warrant will be issued for her in Harris County. She's stuck in this moronic loop between the two counties.
I don't know. Since I cannot conduct an independent investigation of the law and facts applicable to the case, it's impossible for me to express an opinion.
Question: when a person has pleaded guilty and given PTD and was suspended and judge decides that after he gave the person a 6 yr PTD now because he broke his probation, he is giving him 40 years in prison "because he can" was his reply and made two additional remarks. Now filed and appeal but appeal denied because that defending attorney made no objection or allegation, because of the threats made from the comments of this particular judge. will the Writ be his best option or can a case be made to fight abuse of power. Again Thank you for giving us examples that will help us people choose wisely.
A writ of habeas corpus would encompass all potential constitutional violations, including due process claims. If a qualified writ attorney can craft a constitutional violation argument regarding anyone’s behavior during the process, there is a chance for relief. However, a constitutional violation is not enough. The petitioner must also prove harm. That is often the lynchpin of the habeas corpus claim.
@@GustitisLaw Thank you very much, as a parent defending her son I want to be educated on what is going on with his case. and know that i have something that can be done in regards to his case,
I had a bond set I have been in jail for 7 yrs. A bond was made but the judge would not let me bond out because he had signed a judicial comment for a sanity hearing. I had passed a sanity hearing a yr ago.
Every new case presents another opportunity for the judge to request an examination to determine your competency. I'm sorry you are going through this!
I was supposed to hear a motion to suppress statements the judge decided to "withdraw" the motion because he was leading to deny without actually hearing everything out now he is setting for the same motion he just withdrew. Can he do something like that? Is there something I can say and do about that?
If you were robbed and assaulted in Police custody and dumped half naked In a hospital in another country and when you went to complain you were charged with possession of your lawfully prescribed medication could you file a writ so you can report the crime or what can a person do in that situation?
Hi Gustitis, interesting Thankyou. I have a question. It’s interesting that Habeas Corpus is ingrained in the 7th amendment of the US constitution and whilst this is the case this is the relative freedom that US people have in the freedom of religion. I.e cannot be accused of carrying out a criminal activity if they are innocent preachers etc. This is quite different to the Russian constitution, did you know that Habeas Corpus is not part of the Russian constitution and that is why religious persecution is rife right there and now. It seems that if the US and UN want this persecution to stop they need to make sure that the Russian Constitution has this Avenue engrained in their constitution, is there anything that can be done about this please?...,
I'd say only an international law attorney could express a competent view on this question. I know nothing of the Russian Constitution or whether it can be amended, or not. I suppose that's why millions of people want to immigrate to the United States. There is more freedom here than anywhere. Thanks for your comment and for your visit.
I would like to file for post conviction relief based on forth amendment violation the search warrant had wrong address but my lawyer insisted it couldn't be thrown out and the judge wouldn't agree. Also was told if I signed for the time I could have all my property returned but that never happened. I'm in the process of getting help from veteran agencies and also I was denied veterans court programs.
If a person was filing a habeas corpus in Ga. And on the pretrial case of habeas corpus nobody showed up on the first day of the pretrial case date could you file a motion to vacate or dismissal in a habeas corpus trail?
Can this method be used to open a 30 year old past conviction, to try and get a different out come on my case? I'm trying to get my gun rights back. I got convicted of a criminal mischief felony 30 years ago. For keying a car door, and the amount to fix the guys car exceeded the felony amount by $50. So, i got convicted of a felony in Texas.
Theoretically, yes. I say in theory because there may be some legal doctrines upon which a prosecutor may rely that affect a person's ability to successfully litigate a writ of habeas corpus 30 years after conviction. Nevertheless, please consult with an attorney experienced in these matters. It still may be worth your while to pursue this remedy, especially if there is a good issue.
So what is the time frame for a post conviction Hapeas Corpus? My sons lawyer died during his case before it went to trial. We paid him a significant amount of money. He was assigned an attorney by the court to work along the other firms Lawer who stepped up to help. He had no experience in the criminal cases related to my sons case. I feel he wasn’t represented properly
Depending upon the state, there may be no official deadlines for a writ of habeas corpus. However, even if there are no deadlines, it's still important to investigate the writ as quickly as possible. Evidence can be lost and witnesses can die. Talk to a post-conviction expert as soon as possible.
My name is Tim, my stepson was given back to back life for crimes he did not and could not have committed. He spent almost 4 years in jail awaiting trial. His attorney refused to even meet with him nor answer his phone calls nor letters. He had overwhelming, well documented evidence he was innocent. The two witnesses against him confessed to lying. When the prosecutor heard they were recanting their story she threatened them with 7 1/2 years in prison via email. His attorney did not call any witnesses that were willing to testify he did not even know them at the time. Court, employment records prove he was several hundred miles away. The judge, prosecutor and his attorney conspired to deny him his rights in retaliation for our protesting the corruption in family court and foster care. local attorney's are warned away from getting involved. We know this for a fact. Can someone file a writ without an attorney?
@@branthonkanen8681 Where can I go to find a sample of a writ? Is there a format that one would have to follow? Thank you for getting back to me. God will bless you for all the help you give people.
My husbands Writ is currently being reviewed by the courts. A lady that testified under pressure by the DA, I even have a text message from this woman saying that she refused to testify and that she was pressured by the DA, wants to submit an affidavit on behalf of my husband stating this very thing. How ever since this case has already happened, Im not supposed to contact this woman due to victims rights. How do I get this affifdavit from her if Im not supposed to be contacting her? With out me getting in trouble?
I just left my attorneys office asked if he would file a motion of habeas corpus but refused to or any other motions how do I go about filing one myself
Im from Washington State i pled guilty to a dv 4th degree assault but iam innocent after the fact of being charged and pleading i was assaulted two times more by the same person the same prosecutor several different lawyers invetween due process violations to several judges with in a seven year period later no one would believe me i was told i was doomed and put on probation to go to mental health as a offender wich im not able to get the help i need futher abusing and causing me pain what do i do .im indegient and the lawyers i have been assigned wilk not go against them .wat do i do thare is proof thare is a problem .i also am a victim of human trafficking i have a fedral civil lawsuit in affect as we speak .thares gatta be a light at the end of this nightmare please help
![АЛАУДИНОВ у Скабеевой: эти их ВСУ нас НЕ ДОГОНЯТ 😁 [Пародия]](http://i.ytimg.com/vi/an0anqU4WGQ/mqdefault.jpg)
Thanks for addressing this issue. 👍
Of course! I hope it helps. Thanks for watching.
My habeas corpus was denied what does that mean
@@carlmarchetti2839 That means the court does not believe you are entitled to the relief set forth in your petition.
No bond. but county that is having her held court clerk says no vop. She filed there.
Sorry no bond vop but court clerk in county having her held. She transferred her probation in 2018 to the county holding her but not the county that supposedly has a hold on her... But yet says they did not violate her??? Ima so confused and so is she... She completed her probation march 2019 and was released ..
Who tf dislikes an informative law video?
A resentful person, an angry person, or maybe a jealous person. Thanks for visiting my Channel.
cops 😂
@@GustitisLaw- For Federal Habeas Corpus - Do attorneys need to have access to the specific district court to file petition on behalf of an inmate ?
I just started working on my Paralegal and this was so much easier to digest than what our text books gave us! Thank you!
Glad it helped!
Same, that's why I'm here too.
Thank you for this great presentation !!! Im a french lawyer and i ve always been looking for a deeper explanation of this concept as nothing similar exists under french law. This was perfect !
You are very welcome. I am happy to help.
Technically It no longer exists in USA. Obama did away with it some how.
Our other rights are supposed to be God given or natural.
I guess whats given by God can be taken by men.
@@jupitercyclops6521 I did not know that. He’s known as the worst President of 🇺🇸🇺🇸
@@jupitercyclops6521 not true.
@@GasGotti actually it was signed by Obama in Dec. Of 2011 and is called the NDAA. It has indefinite detention in it. There have been of course different versions like after 9/11(Patriot Act). So journalists, activists, human rights workers, etc can be arrested on vague assumptions under indefinite detention. See Hagues v. Obama where the plaintiff lost because they lacked legal standing.
Great content.. I'm currently serving a life without parole for a crime I didn't commit and no-one in my case died. This is very helpful. I wish that I could obtain your services but I am in SC.
I appreciate your kind words and I'm very sorry you are in this horrible situation. Have you contacted a good writ attorney to help you?
No I have been trying to find someone but haven't had any luck. Still looking bro.
@@deerfieldstreet7999 Yes, you need to keep looking. Finding one is very important!
Can you appeal? Did you take a plea?
Thank you for this video. I have a loved one detained in Northwest Tacoma, passed the 180 days ...this infinite detention has already impacted his children and widowed mother
Does he have a lawyer helping with this situation?
Very effective and clear-cut explanation of a very controversial subject matter. Thank you.👏👏👏
Thank you for your kind words!
...insightful info indeed, thanks Man. 🤘🤓💡
Thank you for this video, it was illuminating in many ways. Not just in what a writ of habeas corpus is, but further how it is applied in criminal law when there is suspicion of unlawful detention or restraint.
Of course. You are very welcome!
This was a great video. Thank you for your explanation and for breaking down the various parts associated with habeas corpus.
Glad you enjoyed it!
@@GustitisLaw if a person is charged and convicted with out proof of evidence and in federal jail could that person use the hearts corpus
@@francestatum3244 Yes they could. But they must prove the conviction resulted from a Constitutional violation.
Thanks for the information. More power and God Bless You!
Thank you for visiting and for your kindness.
I find it funny as one whom understands the inner world's laws of humanity and the natural mechanisty of the universe create the ahrimanic current of thought. Running opposed to this current which grounds the being within the physical. Is the Luciferic current which once waged a war of knowledge against love and now fights knowledge with love the love of the self and drive to perfect ones self's is where the Luciferic current resides . These are the 2 most known poles in human thought. The Luciferic current takes one away from the earth and the perfection found there when manifest here is evil. That being said the alternative is a numbed reality then you have beings such as me a pluralised I body and angel of death of the fifth dimension. True justice is automatic and instinctual but not uncontrollable
Brilliantly set forth. Thank you. Valuable information.
Thank you for watching!
Thank you so much for this video! I just started studying law and this has been something so difficult for me to wrap my head around.
Habeas Corpus is difficult, even for lawyers to understand. Keep working hard!
@@GustitisLaw
I have an unrelated question for you sir.
The prosecutor filed charges battery charges against me.
The alleged victom never wanted charges filed, no physical evidence, no other witnesses saw contact...
. The prosecutor refuses to talk to the alleged victom or any alleged witnesses but says she will use police testimony to convict me
The police lied on the police report.
The bodycam proved they made key "mistakes"
Like another person said they started argument. This was left out.
Victom said contact didn't hurt.
Police report reads he said it did hurt.
I pointed this out to my attorney who basically shrugged his shoulders.
Is there any civil action I can take on the states assult on me. Or is this another case of "justice is a myth. Sucks to be me/you. Good luck with that"
Sincerely. J. Cyclops
@@jupitercyclops6521 Everything you mentioned could be used to discredit the prosecution's case. Your defense lawyer will use those issues during cross-examination. And no, there is no civil action you can take because the prosecution has absolute discretion to file, or not file, criminal charges.
@@GustitisLaw
WOW! Thatwas a quick response!
I salute you sir!
Yeah, seems like I read about prosecutions free hand, I wasn't sure though.
I can only hope/ pray my attorney will take advantage of those facts.
Problem is if he does, I'm sure the police will only not " recall" those facts, but thats the way the old cookie/ justice crumbles! Haha!
I might have a couple more civil cards to play (probably not) but I would love your opinion on them as well;
1) my daughter is a witness and a minor, but they wrote out her name on forms that were made public. It was a onth or so before they canceled it.
2) according to the state attorney generals web site; the clerk had 3 days to provide me a written reason for not giving me the police report. She took 10 business days from the date of my request.
I'm pretty sure the state will be ok with those mistakes made by the state as well, but I wanted to double check.
Thank you so much for your replies (subscribing and sharing for your opinion has to be the deal of ay least s decade. Advice from attorney relatives cost more hahaha oh! (If one that were a joke))
PEACE!
@@jupitercyclops6521 It's hard for me to respond to your specific questions since I don't have access to the evidence and facts. Do you have a lawyer working for you?
Do you include the relief being sought in the grounds for relief on the 1107 form? For example: "I am seeking relief from the inclusion of the affirmative finding of a deadly weapon."
If the harm you are trying to fix is the affirmative finding of a deadly weapon, then I would say yes. You also must allege facts, if true, that would entitle you to the relief sought. And generally, this would include some violation of a constitutional right that resulted in the deadly weapon finding. For instance, what facts demonstrate your constitutional rights were violated and how did the violation result in the affirmative finding. I hope this helps.
Thanks! This helped me tremendously with an essay I’m writing
Thank you. This helped me understand and distinguish Habeas Corpus from Amparo. I wish you were my law professor!
You are welcome!
I m very glad that you replied for every comments that just a great sir
Thanks for your kind words and support.
Your exactly right!
Thank you you explain this very well !!!
Thank you! This helped me with my homework project for my constitutional law class! I am following your page now. :)
That's awesome. I guess now I'm a tutor, as well. :-)
Thank you, brother of the bar, for your presentation. It will help many people understand this legal concept and some of the key writs issuing thereunder. The only thing I would have added at the beginning is the literal Medieval Latin translation, "We [a court] command that you may have the body." That, along with a bit of its history, I think would lay out the basic premise in its historical context for deeper understanding. Nevertheless, an excellent job!
Thank you for watching and for your kind words!
Thank you for these - Please cover the procedure for filing a AO91 where FRAUD was committed on the Court in Respondent's Declarations or Transcripts AND can be proven with Exhibits. How Form is properly completed, How to Serve properly and appropriate followup.
Regrettably, I cannot give legal advice here on my Channel. The videos are for information purposes, not instructions about how to litigate a case. I recommend you consult with a qualified defense attorney in the state where this case is pending to provide advice and counsel about how to proceed. Thank you for your visit.
Please address Psychological/mental confinement. Under whose authority can someone be confined, and what is the due process for such confinement?
Are you asking about a mental health patient confined for treatment against their will, without any criminal charges pending?
Also thanks for the Video a ton of good Information...
You bet! I appreciate your kind words.
Thank you so much for this video! It helped me so much
Glad it helped!
I enjoyed the video regarding habeus corpus relief. Thanks
Of course! Thank you for visiting and for your kind words.
I am a pretrial detainee. I can satisfy the Strickland Test, Constructive Denial of Counsel, and Conflict of Interest to demonstrate a showing of Ineffective Assistance of Counsel...and the merits that I use to satisfy those clause are already on the record....I need my judge to conduct a hearing into my counsel deficient inadequate performance so it's on the record
Absolutely love your channel thank you for the information and what you're doing for the people. I have a quick question I have a cousin who is 32 years of age who when 12 years old was charged along with two other boys in a sexual misconduct situation. He had ineffective counsel for he was advised to plead guilty, the other two boys did not plead guilty and their case was dismissed. Now some twenty years later he's being held for failing to register as a sex offender for a conviction that he pled guilty to when he was 12 years old. Does this sound reasonable to you? Must a juvenile seal his records in order to be protected from them being used against him? Thank you for your opinions concerning.
I appreciate you watching and I'm thankful for your kind words. The situation you described is really a sub-niche in the criminal defense field, juvenile law. The sex registration requirement is a matter of his State law, and no it does not sound reasonable to me. I know that Texas has laws which allow a juvenile to seal their records after a certain period of time, depending upon their age and the type of offense they were convicted of. There may also be a way to change his registration requirement, but that would probably not affect his current charge of failing to register. In any case, he should seek legal counsel in the State in which this happened.
Sorry for that and could you show me some videos on paraphernalia charge for the basics behind a paraphernalia chart
clearly explained, thank you
You are welcome!
Dont forget pretrial challenge to the sufficiency of the indictment; a most rare and appropriate use of the writ!
How would a writ of habeas be used to challenge an indictment?
Video was exceptional. You were very cleat and understood all you were saying.agyer 50 plus years something I did as a juvenile. , had come back to hurt my. Although when I was waiting to be sent to a reformatory. An attorney came up and said he was getting me out on a writ of habeas corpus. My conviction was set aside, but recently discharged from employment, I’ve had all my life. I need help with this, o am unemployed, have PTSD as result of in- natural loss of only child, Do you think a lawyer will see me for a consultation. O have no monies available, paying everything on my own Thank you for your help and consideration.
I certainly appreciate you watching the video and I'm glad it was helpful. But if your conviction was set aside already, I do not think you need to file a writ of habeas corpus.
Thanks for the information .
Of course!
I once got a pre-trial writ of habeas corpus against a court. The writ was upheld after the state appealed and lost.
Very nice!!
All I can say is in Polk county, detainment is the 1st thing they do to both parties because it brings $300 per day per person. One accusation from a perpetrator is all it takes to be detained. Property owners are in great danger, they have no regard for securing your property when they do detain you. Your one call is almost impossible to make. I am not nearly as afraid of criminals as I am legal kidnapping. I have learned that calling 911 for help is dangerous.
Yes ma’m. 911 can be a dangerous and life changing call to make. Thanks for your comment.
Thank you for the information.
Our pleasure!
What about the restraint after conviction barring one from buying a gun? That’s a big one.
This is a great video, I just wonder more and more about it.
Glad you enjoyed it!
Thank you for the lack of bad jokes.
I was never good at telling jokes. You're welcome!
Hi just found this video and hope it will help me with subjects to give English Classes.
Thank you for sharing.
Of course. Thanks for your visit!
Thanks for sharing the truth that so many with hold. And helping citizens against corruption and extortion by those who disgrace the constitution and even worse the ones who died to establish it and for this great country ..the judges and prosecutors who flush their sacrifices of heros along with their oath to uphold the constitution like its garbage...your video has helped tremendously tremendously
You are certainly welcome. I appreciate you watching!
Excellent ! Thanks .
Thank you too!
Very straightforward video, thanks
Glad it was helpful!
what can i do if their was illegal search and motion to supress but had to still take plea in possession case
Spectacular info
Thanks for your visit and kind words.
Oh, thank you for what you are doing. I have a specific question. How would I get the question to you for consideration of a response?
Since my Channel was created to educate people, I prefer that questions be posed here in the comment section so everyone can benefit from the answer. If you want to hire me to represent you, then you'll need to call my office and schedule an initial consultation. Thank you for visiting!
Thank you for ur videos. What Supreme Court Cases can we reference or find in relation to this video, information
I'm sure there are thousands of cases that involve habeas corpus. In fact, I imagine that many of the conviction reversals resulted from a successful habeas corpus. Maybe not so many now since the standards of legal representation have improved over the last 20 years. But even state supreme courts have handled 1000s of cases.
Do you have to be on probation to do Habeas. I have 2 yrs left. I finished 3 years & wanted to apply for termination. I am a paralegal wrongfully convicted working as doctor's administratior. Was offered ARD & 2 yrs probation in 2017. Had nothing to do with being accomplice for writing meds.. Still fighting. Judge just rubber stamped for commonwealth. 3 bad lawyers representing me.
format/template example of the writ would be nice.
I'm sorry, but providing a template for a writ would be practicing law on UA-cam, which I simply cannot do. I do appreciate your visit here, but I'd recommend speaking with an attorney in the jurisdiction where the case was resolved or pending.
@@GustitisLaw Oooh, The game is sold not told. Lol.
@@FORTHERECORD11777 I wish you the best of luck.
@@GustitisLaw I'm in no trouble. Just for educational purposes. Thank you for your education.
@@FORTHERECORD11777 Of course!
I have a friend that’s incarcerated in Tn and has been transferred to the Penal farm on 2/13/2020. He was denied parole and extended to come forth the Board of Parole on 06/2023 . He signed for a plea bargain ( guilty ) with thre counts of crim-att 2 & reckless endangerment. Where the incident was he was shot 7times but the 3 victims were shot once and only 1 person came to testify against him. All of this happened at PreTrial. Does he have a chance to do this Writ and get something going? He also has put in a request to Suspend Remainder of Sentence Due to Covid 19 . His respiratory system is very fragile ( a bullet in his chest and two next to his spine ) . His Public Defender coerced him into signing by presurring him that a worse outcome will happen if he doesn’t take the 10yrs... Best advice ?
He has been at 201 Poplar for 32 months and at this moment a full 36months of incarceration... I believe he was an innocent bystander . The affidavit says there’s a video of him but it was never used in court . Like l recently said he was transported to the Penal Farm . This has been going on since 2017 and he signed for time on 2/13/2020.
A writ of habeas corpus is a very specify legal instrument. The petitioner has the burden of proving their constitutional rights were violated AND that the violation caused them harm. If they cannot prove this, then they lose. Based on what you told me I have no idea whether your friend would prevail. My recommendation is to hire a defense attorney in TN that is experienced in these writs. The lawyer will investigate and determine whether there are grounds for filing. Good luck and thanks for your question.
How does this play out in an extradition case where a court has detained a prisoner for double the amount of time allowed using covid 19 as the excuse to give the asking or extraditing state additional time? In this case, the prisoner being held in California. What would be the turnaround time if the writ was submitted to an appellate judge/court?
If the constitutional rights of the prisoner are being violated because of their detention, you could probably file a writ of habeas corpus in the state in which the detention is occurring. The court hearing the writ would decide whether constitutional rights are at issue. State law regarding the filing of a writ of habeas corpus must be followed. I recommend hiring a defense attorney in California to help. I have no idea what the turn-around time would be.
@@GustitisLaw thank you. The prisoner in question by the way had another hearing today and despite any proof by judge showing there's an actual warrant issued by the extraditing state, judge is still giving them 2 more weeks to come get him. Today marks over 65 days of encarceration when he was only supposed to be held for a total of 30 days.
Have warrants in another state with no extradition just surrounding states just did time in the state I'm in looking too file fast and speedy trial to force action too get my case thrown out would this be an effective way to go about it?
Hi Steve, quick breakdown...my son has been diagnosed with schizophrenia (2019). He sustained a head injury in July of 2020 and they let him out of the hospital without contacting anyone. He went to a friend's house, on meds, and still wearing his medical bracelet. He was confused and tried to enter a stranger's house. They called the police because they were concerned about him, NOT to press charges or make a complaint. He had already walked away from the home and was standing on the street when an officer approached him. THe officer knew him, and confirmed it was him by his bracelet. My son admits to "dealing with a psychotic episode" at the moment of their interaction. The cop arrests him for disorderly conduct, and then, because they drugs he was on makes him confused and twitchy, they added resisting because his arms tensed up when they went to handcuff him. They kept him in jail for over 54 days, with no charges, and no counsel. But they keep ordering a mental competency test, which starts the clock over again. He was let out, again, indigent, with no family notified. He went to my sister's house and she thought he was on drugs, as he was in total psychosis, and speaking of his delusions. She wanted him to get medical help so she called the police to come take him to the hospital. They didn't want to...said he seemed fine. Soo....my sister tells them she found this small envelope of suboxone in her yard and she thinks it's his. So they arrest him on drug possession, even though they never once saw it on him. They held him in jail on those "charges" for over 54 days with no counsel and in total psychosis. The public defender was a no call no show for three separate hearings. On the last one, my son was brought into a video conference room with no counsel present, unshackled and unrestrained, to hear the judge tell him that he is incompetent and would not be getting out of jail anytime soon. At that time, my son claims he heard voices tell him to hit the bailiff, who was sitting in the back of the conference room. Which he did. On camera, in front of a judge (on video). NOW they are charging him with Criminal Felony assault to law enforcement. And now- everything else is off the table except this new felony. We filed a writ of habeas corpus on Friday, but...nothing! They made us pay 165.00 to file it, and we have heard nothing. What happens after you file it? Is there something we should be doing?
Does your son have a defense attorney working for him? If yes, these important questions should be directed to the lawyer. If not, there are no suggestions I can make for your son, regretfully. My Channel was created to educate and not to give advice on how to handle any given situation. In other words, I cannot give free legal advice on the Internet. I'm sorry I cannot be more helpful to you.
Is it normal for a 2254 habeas corpus to take 2 years and 4 months. When 9 months to a Year they're normally answered
I don’t know. It probably depends upon the caseload of the court. Good luck and thanks for your question.
🙏🙏🙏 💯 percent greatful I have overcome the world 🗺 Thank God for my pardon. 💯 percent greatful for my freedom.
What if a judge that was the lawyer for a case 15 years ago for an client which got sentenced and did many years in prison became judge on another case the same one he " defended" and sentenced him to 9 years on a burglary 4 years ago. Was the same judge / ex lawyer supposed to judge his case and over sentence him in both cases?
I don't know. It depend upon the facts and circumstances of the prior case and the present case. If the judge recognized a conflict, they would have a duty to recuse themselves. The defense attorney could also file a motion to recuse the judge if they believed there was a conflict.
@@GustitisLaw thank you for your response.
@@suleniaalexander685 Of course!
This was very informative and I would like to find out more about the forms needed to help a loved one free himself from confinement as his sentence is served plus he was wronged in the first place but once arrested I had no idea of what to do! We Are Moroccan Americans and I say this because we do most documents in hand writing in the format of an affidavit. Enlighten me please
Regrettably, I do not possess the forms you are asking about. Please hire a defense attorney in the jurisdiction where this case is located. Good luck and thanks for your question.
What can i do if i went through habeas corpus and it was proven my arrest and détention was illegal.And i signed an settlement and now the partner refuse to compensate me.
I don't understand how the habeas corpus relates to you not getting paid.
My issue is I have felony, theft by receiving 2011, finished probation 4/23/18 and I’ve already used my first offender in 2007. I’m trying to get this felony expunged but the state of ga only expunged first offenders. Can I use this writ to expunge or seal this charge.its holding me back from a job with the fire dept and I’m also in school for nursing. With this charge I am unable to do both of these career paths.
Jrvs.wlsn@gmail.com
Eligibility for an expungement is a matter of state law. However, a writ of habeas corpus is not used to expunge or seal records. It can only be used to challenge confinement based on a violation of constitutional law. If your theft case was reversed using a writ of habeas corpus, it would send it back to the trial court and you'd be starting all over again like your probation never happened. I'm sorry you are having trouble in your career, but it simply may be too late to affect the longterm consequences of what happened in 2011.
Thank good video I have court tomorrow afternoon I am facing a petit theft charge with walmart I was wondering if I take this to trial because I did not intentionally over scan what are the odds of walmart even showing up?
If they don’t show up they will get arrested.
Thank you!!
Of course!
🙏🙏🙏 Thank you for this video
My pleasure
Hello sir! Love your videos. My question is: can exhibits be added to writs of habeas corpus? There was a internal affairs file that contradicts the original arrest and affidavits in my favor and I'd like to attach them.
Yes, you can. Thanks for such a good question.
Grandson picked up at borderline Mexico 3 days but no one knows where he is but they had my son pickup his personal stuff but not letting his mother know and he's in the navy
I wish I could help, but I have no idea how to answer your question.
Do you have any case law that challenges the bail confinement or bail conditions such as ankle brace etc
That's an excellent question. Habeas Corpus does apply to unconstitutional bail confinement and conditions. However, these cases are decided case-to-case after a hearing where facts are presented to the judge. There is no case law governing all cases involving these challenges.
You mention in this video ineffective assistance of counsel is covered in our 6th Amendment Rights. In future videos would you cover can we sue for ineffective assistance of counsel in Civil Court - citing 6th Amendment Right violation? Ty!
I don't know the answer to this question, consequently I cannot create a video about it. Please consult with a qualified attorney in your state.
Thanks for the video
Of course. Thanks for watching.
How do you file a Writ of Habeas Corpus if you are confined? Where can we find examples of the formatting and requirements for writing a Habeas Corpus?
In what State is the person confined? I know Texas prisons have pre-printed forms that inmates can use to prepare their writs. County jails would probably not have any forms to work from. Certainly, an attorney skilled in the preparation and litigation of a writ of habeas corpus is the best choice. A pro-se litigant can easily make mistakes that affect the ruling on the writ.
Excellent channel
Thank you. I appreciate your kind words!
I need to file Writ of Habeas Corpus here in Arizona on behalf of my wife. I want to be sure that lay out the necessary points that need to reviewed. How can I do this if I am unable to find an attorney who can or will work with me to accomplish this?
Unfortunately, if you cannot find a lawyer willing to do the work, your wife will need to file the petition pro se.
@@GustitisLaw is there a template for creating such a document so I can be sure that it is properly formatted to establish jurisdiction and improve likelihood that the court of appeal will review the case?
If your under surveillance and not charged with crime. Can I file writ habeus corpus?
great video !
Thank you very much!
Good morning Gustitus Law are you familiar with the Caterbone Surpreme court case? This question is brought up in regard to Habeus corpus, as that is what cater bone contended. Could you explain the appropriate use of Habeus Corpus in regard to this case?
Can you please tell me the cite for this case?
Can this be effective for pretrial bond condition where the courts are requiring random drug testing when the charges has nothing to due with a controlled substance?
I don't know.
Good day sir, we're having a parliamentary debate I'm in the side of opposition team. Our motion are all about: the writ of habeas corpus of the rebellion should not be suspended and warrant of arrest is not mandatory if such crimes is committing and attempting by the person. Can you give me some advice's about this two motions as side on opposition? Thank you.
I was never a debater. And the problem is I'm not familiar with the concept of "warrant of arrest is not mandatory." I'm sorry I was not able to help you.
Question was my due process of law violated when someone jumped on the hood of my truck and the police did not match up his shoes to the shoe prints left on the hood of my truck wouldn't that be the lack of due process of the law? I was charged with running the guy over but I didn't and got an enhanced strike 8 months in county jail plea bargain over what they said the court would give me a minimum of six years before the 9th circuit Court of appeals nullified the case.
Due process has nothing to do with how the cops investigate the case. If there was insufficient evidence (from the appeal court point of view), that lead to a conviction, that could possibly be due process violation. But as long as the appeal court rules there was enough evidence to provide a rational basis for the guilty verdict, then there is no due process problem concerning the issue you described.
I'm in need of a intelligent determined appellant Attorney in the 6th circuit.
I would recommend locating a qualified attorney in the geographic location within which the 6th Circuit is located. Good luck and thanks for your question.
No such thing as a intelligent attorney, the judge is a bar member, prosecutors are bar members ,your attorney is a bar member,get it?
@@cuznbill3251 seems a bit biased. However when fighting for your very freedom or life, they could care less either way they are going home. Well paid I will add.
Can you do a video how to recuse a judge with a affidavit to the chief justices I seen a da use this strategy on youtube and judge will usually deny the motion but then recuse themselves when the chief justices are mention so you can sue a judge but can be taken out of a case for bias
A motion to recuse a judge is based on evidence and facts. Consequently, I cannot make a video about how to successfully file and win such a motion. That's what your criminal defense attorney is for. Why don't you speak to them about this issue?
So when you report a judge to the chief justice and the justice say that judge is no longer a judge because he retired so how is he 🤔 working and if he working privately now he can be sued interesting how google and ai chatgpt are giving us a lot of info
I worked on a habeas corpus pursuant to Art. 11.07 (a post-conviction writ). I was assisting the lawyers in formulating the petition. Here was a case a defendant was indicted for intoxication manslaughter by causing his motor vehicle to collide into a motor vehicle causing the death of the driver. 3 years after the original grand jury issued the indictment, the day of trial, the State announced that it will reindict the defendant and add two paragraphs of prior convictions. However, a week before the trial date the State filed a motion to amend the indictment "off the record" to change the nature of the offense. The State sought to change how the offense occurred. Instead of colliding a motor vehicle into a motor vehicle, the State alleged that the defendant drove his motor vehicle and collided it into a pole, thereby causing the death of the passenger (in the defendant's vehicle). Now in Texas, the State can Amend an indictment to form or substance, but it cannot amend an indictment over the defense's objection if the amendment violates the defendant's substantial rights or charges the defendant with a different offense. The State argued that even though the amendment was made "off the record", the defendant was still charged with the same statutory offense. The retort was, the State changed the grand jury's offense of the indictment, including the deadly weapon and how the victim died. Then the State had claimed that a grand jury reindicted the defendant as it issued two paragraphs. The reindictment was not attached to the original indictment or its court minutes. It was as the original indictment never existed. Our position was that the State illegally tampered with the indictment to claim the grand jury reindicted the defendant and added the new language while the original indictment remained pending with its original offense. The records had shown that the second grand jury merely added the two paragraphs and did not add any substitution of language. The State used the Amendment to have the grand jury add in the language. And it was all off the record. The judge and prosecutor involved did not preside over the case or prosecute the case and sought to distance themselves away from the trial. The judge assigned a new prosecutor and had a visiting judge preside over the case for the trial. The defendant was convicted. The case was overturned 7 years after the defendant had been convicted.
That sounds like excellent work. Was the case remanded for a new trial?
@@GustitisLaw Better than that, the Judge entered an acquittal at the hearing. They could not retry him. The State had already tampered with the indictment. The original indictment was the only indictment that was valid. The hearing took 3 days because the Judge wanted to review all the records and wanted to hear from both the former prosecutor and the former judge. They both had amnesia and could not recall the case. The Judge shook his head in disgust and entered an acquittal and decreed the defendant not guilty.
Excellent work. Congratulations.
@@GustitisLaw Thanks, Counselor.
Sir, I am neither a lawyer nor a criminal. I've just developed an interest in learning how our laws work.
My question would be if a criminal rightly convicted in a court of law could use a post conviction writ of habeas corpus to challenge his/her penitentiary assignment if they feel it is extreme in relation to their crime?
An example would be if a person convicted of habitual drunk driving offenses were assigned to a maximum security prison where there were high levels of violence.
I doubt those facts would support a writ of habeas corpus. The person must prove their detention was unlawful. Being in a maximum security unit for drunk driving does not prove the detention was unlawful. Thanks for your question.
@@GustitisLaw Thank you, sir! This is truly fascinating to say the least! Post conviction habeas corpus thus apoears to deal solely with the legality of being restrained in one's liberty from the outset then.
Exactly! And furthermore, the challenges can only be made upon constitutional grounds.
Can this be a method used where one is jailed in one jurisdiction, and another puts a warrant out for failure to appear in another jurisdiction. I have a friend that has been entangled because while being locked up in Harris County, she couldn't appear in Montgomery County. Montgomery County placed a warrant out for failure to appear. After making bail, she got notice to appear in Montgomery County. When appearing, they arrested her for failure to appear. Now, she is currently locked up in Montgomery County, and recently got notice to appear in Harris County, but can't since she is locked up in Montgomery County. She is going to get a failure to appear, and a warrant will be issued for her in Harris County. She's stuck in this moronic loop between the two counties.
I don't know. Since I cannot conduct an independent investigation of the law and facts applicable to the case, it's impossible for me to express an opinion.
Question: when a person has pleaded guilty and given PTD and was suspended and judge decides that after he gave the person a 6 yr PTD now because he broke his probation, he is giving him 40 years in prison "because he can" was his reply and made two additional remarks. Now filed and appeal but appeal denied because that defending attorney made no objection or allegation, because of the threats made from the comments of this particular judge. will the Writ be his best option or can a case be made to fight abuse of power. Again Thank you for giving us examples that will help us people choose wisely.
A writ of habeas corpus would encompass all potential constitutional violations, including due process claims. If a qualified writ attorney can craft a constitutional violation argument regarding anyone’s behavior during the process, there is a chance for relief. However, a constitutional violation is not enough. The petitioner must also prove harm. That is often the lynchpin of the habeas corpus claim.
@@GustitisLaw Thank you very much, as a parent defending her son I want to be educated on what is going on with his case. and know that i have something that can be done in regards to his case,
Great video
Thanks for the visit!
I had a bond set I have been in jail for 7 yrs. A bond was made but the judge would not let me bond out because he had signed a judicial comment for a sanity hearing. I had passed a sanity hearing a yr ago.
Every new case presents another opportunity for the judge to request an examination to determine your competency. I'm sorry you are going through this!
I was supposed to hear a motion to suppress statements the judge decided to "withdraw" the motion because he was leading to deny without actually hearing everything out now he is setting for the same motion he just withdrew. Can he do something like that? Is there something I can say and do about that?
I have no idea since I have not independently investigated the facts for myself
If you were robbed and assaulted in Police custody and dumped half naked In a hospital in another country and when you went to complain you were charged with possession of your lawfully prescribed medication could you file a writ so you can report the crime or what can a person do in that situation?
If you believe a crime was committed you should report it to the police.
Thanks for your schooling
You're welcomed. I'm glad the video was helpful.
Hi Gustitis, interesting Thankyou. I have a question. It’s interesting that Habeas Corpus is ingrained in the 7th amendment of the US constitution and whilst this is the case this is the relative freedom that US people have in the freedom of religion. I.e cannot be accused of carrying out a criminal activity if they are innocent preachers etc. This is quite different to the Russian constitution, did you know that Habeas Corpus is not part of the Russian constitution and that is why religious persecution is rife right there and now. It seems that if the US and UN want this persecution to stop they need to make sure that the Russian Constitution has this Avenue engrained in their constitution, is there anything that can be done about this please?...,
I'd say only an international law attorney could express a competent view on this question. I know nothing of the Russian Constitution or whether it can be amended, or not. I suppose that's why millions of people want to immigrate to the United States. There is more freedom here than anywhere. Thanks for your comment and for your visit.
I would like to file for post conviction relief based on forth amendment violation the search warrant had wrong address but my lawyer insisted it couldn't be thrown out and the judge wouldn't agree. Also was told if I signed for the time I could have all my property returned but that never happened. I'm in the process of getting help from veteran agencies and also I was denied veterans court programs.
Good luck with your writ! I hope my video was educational and instructive in that regard.
If a person was filing a habeas corpus in Ga. And on the pretrial case of habeas corpus nobody showed up on the first day of the pretrial case date could you file a motion to vacate or dismissal in a habeas corpus trail?
The purpose of habeas corpus is to develop facts to support your claims. Since I only practice in Texas, I don’t know the Georgia rules of procedure.
Can this method be used to open a 30 year old past conviction, to try and get a different out come on my case? I'm trying to get my gun rights back. I got convicted of a criminal mischief felony 30 years ago. For keying a car door, and the amount to fix the guys car exceeded the felony amount by $50. So, i got convicted of a felony in Texas.
Theoretically, yes. I say in theory because there may be some legal doctrines upon which a prosecutor may rely that affect a person's ability to successfully litigate a writ of habeas corpus 30 years after conviction. Nevertheless, please consult with an attorney experienced in these matters. It still may be worth your while to pursue this remedy, especially if there is a good issue.
Good lecture!
Thank you! I’m glad to help.
How do I find the right criminal defense attorney?
So what is the time frame for a post conviction Hapeas Corpus? My sons lawyer died during his case before it went to trial. We paid him a significant amount of money. He was assigned an attorney by the court to work along the other firms Lawer who stepped up to help. He had no experience in the criminal cases related to my sons case. I feel he wasn’t represented properly
Depending upon the state, there may be no official deadlines for a writ of habeas corpus. However, even if there are no deadlines, it's still important to investigate the writ as quickly as possible. Evidence can be lost and witnesses can die. Talk to a post-conviction expert as soon as possible.
My name is Tim, my stepson was given back to back life for crimes he did not and could not have committed. He spent almost 4 years in jail awaiting trial. His attorney refused to even meet with him nor answer his phone calls nor letters. He had overwhelming, well documented evidence he was innocent. The two witnesses against him confessed to lying. When the prosecutor heard they were recanting their story she threatened them with 7 1/2 years in prison via email. His attorney did not call any witnesses that were willing to testify he did not even know them at the time. Court, employment records prove he was several hundred miles away. The judge, prosecutor and his attorney conspired to deny him his rights in retaliation for our protesting the corruption in family court and foster care. local attorney's are warned away from getting involved. We know this for a fact. Can someone file a writ without an attorney?
Absolutly, in fact most petitions are filed in proper person or by next friend. Don't sign anything except the petition. Good luck
@@branthonkanen8681 Where can I go to find a sample of a writ? Is there a format that one would have to follow? Thank you for getting back to me. God will bless you for all the help you give people.
Who would be the respondent when out on bond and under probation pending resolution?
The accused person.
My husbands Writ is currently being reviewed by the courts. A lady that testified under pressure by the DA, I even have a text message from this woman saying that she refused to testify and that she was pressured by the DA, wants to submit an affidavit on behalf of my husband stating this very thing. How ever since this case has already happened, Im not supposed to contact this woman due to victims rights. How do I get this affifdavit from her if Im not supposed to be contacting her? With out me getting in trouble?
Please discuss this with your husband's attorney who prosecuted the writ for him. I'm sure they can help answer this important question.
I just left my attorneys office asked if he would file a motion of habeas corpus but refused to or any other motions how do I go about filing one myself
If you are represented by an attorney, do not file a motion by yourself. Fire that lawyer and hire someone who will do what you ask them.
Please explain what this means in terms of Barr & the announcement this weekend.
Can you please be more specific. Thanks.
Im from Washington State i pled guilty to a dv 4th degree assault but iam innocent after the fact of being charged and pleading i was assaulted two times more by the same person the same prosecutor several different lawyers invetween due process violations to several judges with in a seven year period later no one would believe me i was told i was doomed and put on probation to go to mental health as a offender wich im not able to get the help i need futher abusing and causing me pain what do i do .im indegient and the lawyers i have been assigned wilk not go against them .wat do i do thare is proof thare is a problem .i also am a victim of human trafficking i have a fedral civil lawsuit in affect as we speak .thares gatta be a light at the end of this nightmare please help