I know I am very late to this video, but thank you so much. I will try to practice writing this out by hand every once in a while just in case I get wrongly incarcerated which seems to happen a lot to people in the USA. We need more people like you!
@AlonsoMoreno - As the video implies, a Writ of Habeas Corpus (WHC) is a "new civil case". It has a "new" case number. It is not a criminal case. Understand? You do not file a WHC with the criminal court, you file it in the civil court. You make reference to your criminal case "in" your "civil" WHC case. If you still don't understand then read the following as an example: You get charged with a crime. You wish to challenge an unconstitutional element like "being held without bail", or "lack of probable cause to arrest you", etcetera. How do you challenge your issue? You file a WHC with a Judge to have "your body" brought in front of a "civil court" (not your criminal court Judge) to have your "Jailer" (whoever that might be) show good cause why you should not be released or discharged from the crime. You don't file the WHC in the same court as your criminal case! You file it with a "civil court" in the "civil division" of the place, you were arrested. A WRIT OF HABEAS CORPUS IS AN "ORIGINAL CIVIL CASE"; IT IS NOT A CRIMINAL CASE; IT DOES NOT GET FILED IN YOUR CRIMINAL CASE; IT'S A SEPARATE CASE (please excuse all caps). How does the Prosecutor of your case know about your WHC filed in the "civil division"? You make reference to your criminal case number in your "civil" WHC. Again, a WHC "is not" a criminal case, it is a civil case! The "Return" (as it is called) gets served on the person who has you in custody. Who serves the WHC on the person who has you in custody? The Court where you filed your WHC serves that person at no expense to you. You could be in jail - yet still, the "Return" would be filed on your Jailor. Example: If you were arrested in a "City" and then transported to the "county jail" - the person who has you in custody is the "Sheriff", not the city or officer who arrested you. Moreover, if you are extradited (legally transported by law to another place) to another State, the State who has you in custody is the "person/entity" you address your WHC to. I know it may sound a little complicated at first blush, but the WHC is a very simple process. If you were taught this in elementary school like you should have been, it would be like "riding a bicycle" - you would never forget it. Let me know if you understand what I just related to you, and if not, don't be shy about advising me what you don't understand. Furthermore, ask me to explain further. Once you understand the WHC you will "never" forget it and you will be able to help others, as I am helping you. That is the main point of what I'm doing. Discuss this matter "here" on this website so that others may follow along as well. If it takes you 50 times to understand what I'm relating to you... then so be it. Okay? "A few notes regarding my life and plans for the future, if you're interested": With my High School education; with all of my 12 years of service in law enforcement (traffic/K-9/vice/intelligence/narcotics/robbery/burglary/ and lastly - homicide; with the publications of my own cases, clearly "written in stone" in the Florida District Courts of Appeal, and many others; with all my 25 years teaching groups of people numbering in the 10s of thousands, both in person and on the radio with an extremely high degree of success, I am still challenged by many formally state-educated professionals and government entities as to my degree of credulity as it relates to expressions of the simplicity of legal matters. So, after all that time and experience, at the ripe age of 66, I decided to challenge them back, showing them I've forgotten more about the law than they know now... I just completed my Associate's Degree in Criminal Justice, where I won the "2018 Outstanding Leadership Award in English"; I'm currently on schedule for my Bachelor's Degree (2 more years) in Criminal Justice; subsequent to my Bachelors, I'm then attending Law School, right behind my son, Mike, by the way (3 years more). At the ripe age of 73 years, I will have attained my Juris Doctor. My plan then is to is to instruct law students at an accredited state university, as well as continuing my instruction to the layman.
Please tell me you're still around I want to buy some of your materials but the website says it's not taking payments and you don't have any recent videos here.
The criminal case number will prolly not be known as one is sitting in jail---also, like my "motion to dismiss" I filed with the clerk, but did not get it stamped, they will deny it was ever filed--so I believe a WHC prepared ahead of time and left with a trustee to file "in case", would be the best avenue, then, they can just fill in the blanks and file it in the appropriate court...since it is an original civil matter, I believe FEDERAL is the best bet....what do you say , Terry?
Congratulations on your accomplishments. Obviously you're highly educated on the subject so I have a question have you heard of a person giving someone a ride and the driver gets pulled and he goes to jail so its passengers get out of the car and which one was a girl she has drugs that fall out of her vagina. This is all going on while the driver of the car is in a police car waiting to be escorted. When the policeman see the drug fault he asked the female did the driver asked her to Stuff the drugs. She says yes and the driver which is out on bond receives a P.R bond for the incident.and had to repost the previous bond, at his court date he received an indictment ior possession under a gram, and was also taken into custody because his prospecting D.A had put a motion in to revoke his bond . He sees the magistrate and he gives him a no bond, we filed for a bond hearing they gave him a no bond stating that he was a flight risk. He was set for trial the was no preliminary hearings B4 trial no examine trial. After 150 day of incarceration he received another bond hearing and at that hearing they bought it was passed in someone else's charge of them having 19 g while he was in the car. Later on rolling to give him two $50,000. His trial date is June 2023 and we cannot afford to $50,000 what is your opinion on it can you give me some advice please feel free to look me up on Facebook under this and I will respond thank you
Mr Ingram I just came across your video and i am so glad I did. Let me just tell you a little bit about what is going on in our situation. My son's girlfriend's parents while out of town had some things go missing from their home. They went to the police station to file a report and while doing so the officer taking the report asked them who had been at their house recently. They mentioned their daughter who is my son's girlfriend and my son. Time they mentioned my son's name the officer led them to believe it was my son who stole their stuff. They told her parents all kind of lies about my son like he was a drug dealer, bad person, etc. which is all lies! Couple of days later, the police raid my son's girlfriends house! They had a search warrant that stated that they were searching her house for stolen items and it only had her name on the search warrant. The crazy thing is that narcotic agents were the ones that showed up like dozens of them! They tore her house apart and they didn't find a thing no drugs no nothing!!! they arrest her and my son stating that they were arresting my son for a probation violation in another county!!! My son had no probation in another county!!!!! He has been sitting in jail now for over 5 months without having access to a bond and the attorney that they hired and paid over $6500 to hasn't shown up for any of the bond hearings so he hasn't been able to get a bond!! Now they are saying they are holding him for a probation violation in the county that they arrested him in!!! There was no probation there either!!!! This police force is the most corrupt police I have ever seen!!! We can't understand why they have it out for him so bad. He hasn't done anything except little minor things nothing major so we don't understand what is going on and no one will help us!!! Should my son file a Habeas Corpus because he was arrrested under false pretenses and he can't get a bond because of the lawyer and it keeps getting passed? Please any advice would be appreciated! Also this in Georgia
Absolutely NOT lawful… a felony isn’t different.. no law under the constitution holds ANY water… you just have to know it and stand your ground… turn the tables on them and file a counter suit… charge them with their crimes… we don’t have to put up with this bullshit.. if you know you know ,,,… we actually run the government they don’t run us.. you need to remind them of that.. good luck
Thank you so much. I will buy your video to support you, since you posted a video to support many innocent people who have been wrongfully arrested and jailed duo to their lack of knowledge or their financial situation has unable them to hire a lawyer. More people should support you.
Great question FireBow. And, even greater replies from - Rononeil82 - and dave w. Replies are spit spot on - hit the nail on the head - and, right to the point.
Its no difference then the early church and keeping the bible forthemselves. Its a replay by the state of that which the church did but in truth the state is just another extension of the church
Terry is there really a time limit on 1983 actions? It would seem that collateral estopple would prevent that in certain circumstances. For instance if the state is looking to enforce an action warrant etc. from the past that an unlawful arrest would reset the clock for a 1983 cause of action?
In California state court, the court requires pro se parties to use the Judicial Counsel Form. The jails should have the form available. I can't think of the famous court case name (temporary brain hiccup) recognizing the right of access to the court in habeas corpus cases, but the prisoner had to smuggle out of the jail his handwritten petition for writ of habeas corpus, because the jail refused to allow him access to the courts. I agree 100% that unconvicted prisoners should be treated as if innocent, but the courts are backing off of that proposition. The pro se writ petitiin I filed required the lower court to dismiss my case before trial. (Note, pretrial dismissals by habeas corpus, as a Mormon might say, “are exceedingly rare.”
I'm seeking answer because I got a loved one detained by Northwest Tacoma Washington passed the removal order ..he's filing this and we are new to this
Who would you address it to if you were misled into accepting a "deal," charged, and now out, but are arguing that your "sentence" is unconstitutional and demands review?
Are you asking regarding - after you are released on bond - but still under criminal indictment? If so, then yes the Habeas Corpus can still be a tool to have you released from your criminal indictment. When you have been released on bond, you are still under arrest. The difference from a 'close custodial arrest' (jail) and being permitted limited access to society, on bond - is just that. You're still in the custody and control of the arresting authority. Again, the answer is yes. Excellent question, btw...
@@lawinsimpleterms hey man I enjoyed the video. Is there any sort of direction you can guide me to for a post conviction writ of habeas corpus for the state… Level remedy in WA state. I contacted my local county for the form for it but they said they had no idea of any form for that. Can someone surpass the state level writ and go right to the federal one or is the state one one, one that every state has to go through in order to get there, even WA? I’m so confused but I’m running out of time. Thanks again.
A Writ of Mandamus, I'm stuck in legal limbo, in Florida. I was found guilty by jury in Hillsborough County. I had to use public defenders, they did represent me to their ability, I believe. after appealing to District court, the Judge did not write an opinion. I'm stuck now on needing information on using the afore mentioned Writ. the only thing I was guilty of is a pedestrian violation, not obstructing/resisting w/o violence as convicted. Any education you can assist with will be appreciated. Thanks, I hope you have time to help.
+Rubberband54 - It sounds like you were convicted of two misdemeanors. If true, your appeal was denied because you filed it in the District Court of Appeals which was the wrong appellate court. County Criminal Court Orders (misdemeanors) get appealed to the "Circuit Court" acting in its appellate capacity. Let me know if I am on track and if not give more specific information.
7:27 here it says the arresting officer had no grounds for an arrest but… Probable cause was suggested being that the victim alleging simple battery… Had a bruise on her face. Probable cause says based off facts at the scene. Police officers aren’t always going to be present at the scene of crimes. I’m not really sure I understand this part, Mr.
Hi Im interested to know if the writ of habeas corpus work in a child support cases where incarceration is being put forward if they feel you're guilty of contempt
It's only contempt for refusing to obey a lawful order. I would establish on the record why the order is unlawful, that way the contempt loses its legs.
Some might suggest that release on personal recognizance or other bond waives the right to petition for writ of habeas corpus because your captor will no longer have possession of your body. You still have criminal charges hanging over your head. In most arrests the habeas petition is a waste of time and energy because the arresting officer definitely has probable cause. Unless the jurisdiction's calendar is clogged, the defendant will get an arraignment and probable cause hearing fairly quickly (good luck with this in NYC or Maimi). And unless the matter is serious, most people will bond out. However, habeas makes good sense in the case of politically motivated arrests intended to hide the defendant away or keep the defendant from political maneuvers.
Not true Bob Hurt, but a good question (in the form of your statement). Even a recognizance bond places you squarely in the custody and control of your captors. Habeas Corpus specifically applies in 'all' custodial cases. As you walk the streets freely (you think) you are under the strict jurisdiction of the Court. Should you even J-Walk your bond could be revoked. You bond states you shall break NO laws of the State or Federal governments...
Can a family member or friend file a Petition For Habeas Corpus on behalf of somebody in jail? I'm afraid the jailor would just file it in the trashcan.
I'm going after my boss, the legal system in the State of Washington wont hear my case under harrassment, intimidation, and fired me for my right to walk away from a hostile situation. There was a offer to come back, that day in a particular time. I have responded with " I do not accept the offer and I will be at work tomorrow." This is was through text messages. What are the steps to take him to Court. Do I need to do a writ?
What if the jailer doesn't even file the Writ of Habeus corpus with the court they just refuse to give it to the court, is that a violation of civil rights?
yes it is and unfortunately many jailers have no idea what you're talking about and think you're crazy so will refuse to give you a pen and paper because they consider pens/pencils to be weapons.
Thank you so much for this! Can you please tell me how this would be different for a psychiatric hold? I've confirmed through numerous sources that habeas corpus still applies if you're detained at the hospital
What if the petitioner was out on a pr bond gets into trouble and picks up new charges for something else. And then several months later the pr bond office decides to revoke the bond, and puts a warrant out for them. Now they are sitting in jail with a bond of 2,000. Their public defender is impossible to get a hold of and the public defenders office says that till the courts are ready to move on the charges there's nothing they can do.
I need help for actual Infective assistant of counseling IAC. In california prison.. for lawyer not objecting at my sentence.. Sort story. Convicted of imperfect self defense.. first time ever in trouble. At my own house late night intruder tried to break in.. caught him in my driveway.. registered gun owner since 21yrs old.. was 28yrs old when this happend.. Shot one warning shot I'm air.. After that intruder rushed me attacking me for my sidearm. Tussle in driveway I get inch or so separation and fire one shot.. towards upper leg.. I missd of course and hit his lower stomach..
That is exactly one of the grounds for Habeas Corpus. Another would go to the Probable Cause of your arrest in the first place. Habeas Corpus means "produce the body", and is used to test the validity of your detention/arrest/incarceration. It is an "Extraordinary Writ" with the highest priority.
I have a friend that lives in Colorado but has a warrant out of California for probation violations and probably revocation. He got a letter saying he has warrant and can be arrested at any time. He was homeless and drug addict in California when crime took place 6 years ago. He is doing good now with his own place and in drug treatment. He doesn't want to lose everything and get taken back to California. Can anyone help with advice please??
How do I do this after the fact? Filed civil claim in fed court, however, this ridiculousness all started with them violating my rights first, (illegal arrest, illegal imprisonment, unlawful seizure)...
are you arguing that excessive bond should be argued under habeus? Interesting argument re police arrest during a domestic violence. MANY times domestic assaults are filed by the police officer who saw signs of an assault but not an assault.
Somebody I know was sentenced to 10-20 years but recently I looked him up and his status says discharged... but I haven’t heard anyone say he was out. So I went to the county jail website and he’s in there now. So since he was transferred from prison way out in the middle of nowhere back to the city (Detroit) is he going to be getting out soon or?? Will he be sent back to prison?
What if it is written in syntax can you not just write the deman rather than a petition? A petition is asking for permission. Someone who is unlawfully imprisoned on behalf of a legal name should not need judicial review.
+Keith - No Keith I am not. Consider me a "jail house lawyer". Except I was on the outside of the bars instead of the inside, LOL. Actually I just had a knack for the law, started teaching my peers, and 30 years later here I am responding to you. My son, however is attending Law School and my daughter is attending Med School. Because I rubbed off on my son he is way ahead of his class.
I must say you know your stuff. I have an MBA/JD, as does my son and his wife is an attorney. I am sure you are very proud of your children, with every right to be so. Thanks for your posts.
@@smartloctv Hey, thank you for responding. It actually worked out, no contempt of court was filed, so we didn't end up needing this. But this video was amazing, so thank you so much for making these, it is really a blessing.
See, if Im getting this straight. In common law which is where the hebeaus corpus is founded. Its my be a injured corpus delecti. A statue or code would violation is not a crime in law.
I have a question. I know someone who is in jail and about to be pulled for imprisonment for other charges filed against him on his families behalf. But there is a charge of assault and battery by strangulation in another county which was filed by me. I tried to get them dropped before they made it to the DA's office but no one ever gave me call back about it. They took pictures. We both were intoxicated and not that I lied in the statement at all but I just wanted them dropped. They told me that the DA could file charges against me for filing a false report. That doesn't feel or seem right to me at all. Am I wrong? Is there anything I can do without having legal action against me to get the charges dropped so he can do his time and come home? Is it possible for him to get these charges against him dropped? It's in Oklahoma.
I'm not a lawyer but this one seems really straight forward to you didn't make a false statement 5 amendment STFU don't sign anything don't answer any pig fuck questions and testify for the defence
Long story short I was charged with 187pc and was jailed for 2 years 5bmonth in county fighting my charge. I go all way to trial and get convicted of imperfect self defense. Which is basically manslaughter... But judge sentences me to 21yrs max on gun enhancement and manslaughter..
do yourself a favor BT. Go get yourself a set of encyclopedias from the late 60's early 70's and look up "contrails" or "vapor trails". Obviously your to young or stupid to figure it out on your own. You can also compare old VHS movies like Jaws and compare them to the AMC channel version they run fairly often, never a sunny day in Amity.
Hi, thank you for this! But I have a question, habeas corpus only gets a prisoner in court to be heard, correct? There would then need to be another step, or motion, for which to be decided by the judge... Right? Like.... Habeas corpus is an action against the warden, and they're executing a court order.... They can't hold you, nor release you without the permission of the judge. So ... Wouldn't we need to follow it up with, maybe another writ or a motion to dismiss or something? I need to file on behalf of someone else, so I can just practice
I think that you're supposed to list the violations in the writ itself, so that the only matter before the court are those violations which make your detention illegal. You could probably better explain things in court if you want, but you should probably stick to those violations that are your winning points.
They should teach this in elementary school because it is youths that juvenile delinquent police officers who initiate the intimidations and absolute abuse of children.
Im out on bail now for false identification to law enforcement. But the law says this cannot be the sole reason for an investigation. Im at pre trial now. Looking for info
Habeas Corpus is only used to produce a person in Government Custody. If a person were incarcerated for child support for example, HC would be used to produce the body.
mygalmo its the words you use.. You are NOT a parent your a mother or father. A parent is the lawful mother or father of a PERSON. And we all know what a person is.
You need to use the correct verbiage with the correct definition used in the applicable situation ESPECIALLY in law which is called legalese. If not, you are going to sit there foolishly until your "time is served" because of what you BELIEVE something means when it has a different meaning in law. That's called ignorance. Petition. A formal written application to a court requesting judicial action on a certain matter. A recital of facts which give rise to a cause of action. Matthews v. Simmons, Tex.iv.App., 589 S.W.2d 156, 159.
Can you make a video explaining the duties of the magistrate? I got arrested by an officer who was in a bad mood for speeding and failure to I.D. for simply asking a question about the I.D. law. I spoke to the magistrate IN the jail and all he did was notify me of my charges and the bail placed upon me. I don't know if this is all they're supposed to do, but I was unable to have my voice heard in the cause of my unjust imprisonment. Wish I had seen this video before then.
Mike Rauch check out ( A treatise on arrest and false imprisonment) google it you can get the PDF for free! its only about 80 pages by charlse A weisman.
+Mike Rauch I argue bond for in-custody clients all the time. The actual bond hearing that takes place within 72 hours of arrest is only for the purpose of informing the person of charges and setting bond (if bond is available at that time). The statute says the judge only has to do those two things; it sounds like the rest of the story is appropriate to argue as a defense. But the bond hearing isn't that place, in most jurisdictions.
+John T Maybe you can give me your take on my situation. I currently have a bench warrant for my arrest in Hillsborough County Florida for Failure to Appear. The original charges are Driving w/ License Suspended w/ Knowledge and Resisting Arrest w/out Violence. I was stopped for having the light out above my license plate area. When the deputy tried to get me to incriminate myself, I said "I don't answer questions". This angered her and she called 5 more deputies. So I was kidnapped. I asked for a continuance on a court date and found out later that it had been denied and a warrant issued w/ the proposed bond of $10,000 for each charge. Any thoughts?
The bond hearing is not exactly the 'main' purpose of the initial first appearance. The main purpose is to determine "probable cause" to hold over the Defendant for a trial on the matter. Bond is generally dealt with after or simultaneous to the initial appearance. Technically, the first appearance is to determine probable cause and if the Defendant has grounds that no probable cause exists then this is the point in time to make such arguments, or in lieu thereof move for an "evidentiary" probable cause hearing. Because the Defendant did not know to ask or motion for such a hearing the Judge simply reviewed the State's (Police) documents and found probable cause. The system depends upon an unrepresented Defendant to be ignorant to these rights.
good advice. But how can the average common person remember all this on any given arrest? Sounds like a good place and time for representation by legal counsel.
+BelligerentTruth If you are wondering why I keep removing your posts Belligerent Truth, it is specifically due to your condescending wanna be elitist tone. You could have made a positive point here with your response and it would have been well taken, but instead you have to jump on the morally superior high ground wagon. Thaboomer53 asked a perfectly valid question and you could have taken the opportunity to educate instead of denigrate him. I don't know who you're mad at in your life but I'm not going to permit you to step on people here to make you feel better about yourself. You could have a lot of positive things to contribute if you would only get off your high horse.
One of the great things about a state habeas corpus is that it can be filed by you, a relative or friend on behalf of you ... the prisoner. My suggestion is that if you live in a place where you might be subject to an unlawful arrest, kept a habeas template in you computer files, cell phone, or file cabinet. If you cant get to it yourself, someone else can, and can fill in the details.
and what about non U S/ an american man or women? The term " PERSON" is merely a fiction and at best it is a trustee to a Corporate Fiction? so what about a real living man and woman who chose not to become a U S citizen/slave with merely privileges, not rights?
I am abundantly familiar with your position Michael. The fact is that your stand is an uphill battle against a brainwashed judicial branch (and the others as well). My only advice would be that you continue to develop the legal prowess to enforce your position. Knowledge of the law is an extremely powerful tool (even the knowledge of their law), as I'm sure you know. My mantra is "Total victory or total defeat". I can remember a time when being called a patriot was to be branded a domestic terrorist. Never give up and keep up your good work... we are winning.
....Michael a "U.S. Citizen" is a slave to the Federation.....you want to be a "Citizen of Your State" State Citizens have rights, while Federal US Citizens can go to jail for debt and victimless and damage-less crimes. I am a Citizen of California not a US Citizen
What they’re doing to the J6 political prisoners throws all this into the garbage. Point bring it was a nice idea when it worked but under tyrannical government the law is whatever they say it is.
I know I am very late to this video, but thank you so much. I will try to practice writing this out by hand every once in a while just in case I get wrongly incarcerated which seems to happen a lot to people in the USA. We need more people like you!
Agreed. Muchly due gratitude for assisting the People to become learned.
My second grade teacher used heabus corpus to produce my body and put me in special ed and made me fat under Texas Harris county
@AlonsoMoreno - As the video implies, a Writ of Habeas Corpus (WHC) is a "new civil case". It has a "new" case number. It is not a criminal case. Understand? You do not file a WHC with the criminal court, you file it in the civil court. You make reference to your criminal case "in" your "civil" WHC case. If you still don't understand then read the following as an example:
You get charged with a crime. You wish to challenge an unconstitutional element like "being held without bail", or "lack of probable cause to arrest you", etcetera. How do you challenge your issue? You file a WHC with a Judge to have "your body" brought in front of a "civil court" (not your criminal court Judge) to have your "Jailer" (whoever that might be) show good cause why you should not be released or discharged from the crime.
You don't file the WHC in the same court as your criminal case! You file it with a "civil court" in the "civil division" of the place, you were arrested. A WRIT OF HABEAS CORPUS IS AN "ORIGINAL CIVIL CASE"; IT IS NOT A CRIMINAL CASE; IT DOES NOT GET FILED IN YOUR CRIMINAL CASE; IT'S A SEPARATE CASE (please excuse all caps). How does the Prosecutor of your case know about your WHC filed in the "civil division"? You make reference to your criminal case number in your "civil" WHC.
Again, a WHC "is not" a criminal case, it is a civil case! The "Return" (as it is called) gets served on the person who has you in custody. Who serves the WHC on the person who has you in custody? The Court where you filed your WHC serves that person at no expense to you.
You could be in jail - yet still, the "Return" would be filed on your Jailor. Example: If you were arrested in a "City" and then transported to the "county jail" - the person who has you in custody is the "Sheriff", not the city or officer who arrested you. Moreover, if you are extradited (legally transported by law to another place) to another State, the State who has you in custody is the "person/entity" you address your WHC to.
I know it may sound a little complicated at first blush, but the WHC is a very simple process. If you were taught this in elementary school like you should have been, it would be like "riding a bicycle" - you would never forget it.
Let me know if you understand what I just related to you, and if not, don't be shy about advising me what you don't understand. Furthermore, ask me to explain further. Once you understand the WHC you will "never" forget it and you will be able to help others, as I am helping you. That is the main point of what I'm doing.
Discuss this matter "here" on this website so that others may follow along as well. If it takes you 50 times to understand what I'm relating to you... then so be it. Okay?
"A few notes regarding my life and plans for the future, if you're interested":
With my High School education; with all of my 12 years of service in law enforcement (traffic/K-9/vice/intelligence/narcotics/robbery/burglary/ and lastly - homicide; with the publications of my own cases, clearly "written in stone" in the Florida District Courts of Appeal, and many others; with all my 25 years teaching groups of people numbering in the 10s of thousands, both in person and on the radio with an extremely high degree of success, I am still challenged by many formally state-educated professionals and government entities as to my degree of credulity as it relates to expressions of the simplicity of legal matters.
So, after all that time and experience, at the ripe age of 66, I decided to challenge them back, showing them I've forgotten more about the law than they know now... I just completed my Associate's Degree in Criminal Justice, where I won the "2018 Outstanding Leadership Award in English"; I'm currently on schedule for my Bachelor's Degree (2 more years) in Criminal Justice; subsequent to my Bachelors, I'm then attending Law School, right behind my son, Mike, by the way (3 years more). At the ripe age of 73 years, I will have attained my Juris Doctor.
My plan then is to is to instruct law students at an accredited state university, as well as continuing my instruction to the layman.
Wow!! Wonderful use of your life! I enjoyed the detailed explanation of habeus corpus!
Please tell me you're still around I want to buy some of your materials but the website says it's not taking payments and you don't have any recent videos here.
The criminal case number will prolly not be known as one is sitting in jail---also, like my "motion to dismiss" I filed with the clerk, but did not get it stamped, they will deny it was ever filed--so I believe a WHC prepared ahead of time and left with a trustee to file "in case", would be the best avenue, then, they can just fill in the blanks and file it in the appropriate court...since it is an original civil matter, I believe FEDERAL is the best bet....what do you say , Terry?
Congratulations on your accomplishments. Obviously you're highly educated on the subject so I have a question have you heard of a person giving someone a ride and the driver gets pulled and he goes to jail so its passengers get out of the car and which one was a girl she has drugs that fall out of her vagina. This is all going on while the driver of the car is in a police car waiting to be escorted. When the policeman see the drug fault he asked the female did the driver asked her to Stuff the drugs. She says yes and the driver which is out on bond receives a P.R bond for the incident.and had to repost the previous bond, at his court date he received an indictment ior possession under a gram, and was also taken into custody because his prospecting D.A had put a motion in to revoke his bond . He sees the magistrate and he gives him a no bond, we filed for a bond hearing they gave him a no bond stating that he was a flight risk. He was set for trial the was no preliminary hearings B4 trial no examine trial. After 150 day of incarceration he received another bond hearing and at that hearing they bought it was passed in someone else's charge of them having 19 g while he was in the car. Later on rolling to give him two $50,000. His trial date is June 2023 and we cannot afford to $50,000 what is your opinion on it can you give me some advice please feel free to look me up on Facebook under this and I will respond thank you
This helped me out alot I live in Charlotte county Florida thank you very much
Who is here because it was referenced on Glenn Beck today?
Mr Ingram I just came across your video and i am so glad I did. Let me just tell you a little bit about what is going on in our situation. My son's girlfriend's parents while out of town had some things go missing from their home. They went to the police station to file a report and while doing so the officer taking the report asked them who had been at their house recently. They mentioned their daughter who is my son's girlfriend and my son. Time they mentioned my son's name the officer led them to believe it was my son who stole their stuff. They told her parents all kind of lies about my son like he was a drug dealer, bad person, etc. which is all lies! Couple of days later, the police raid my son's girlfriends house! They had a search warrant that stated that they were searching her house for stolen items and it only had her name on the search warrant. The crazy thing is that narcotic agents were the ones that showed up like dozens of them! They tore her house apart and they didn't find a thing no drugs no nothing!!! they arrest her and my son stating that they were arresting my son for a probation violation in another county!!! My son had no probation in another county!!!!! He has been sitting in jail now for over 5 months without having access to a bond and the attorney that they hired and paid over $6500 to hasn't shown up for any of the bond hearings so he hasn't been able to get a bond!! Now they are saying they are holding him for a probation violation in the county that they arrested him in!!! There was no probation there either!!!! This police force is the most corrupt police I have ever seen!!! We can't understand why they have it out for him so bad. He hasn't done anything except little minor things nothing major so we don't understand what is going on and no one will help us!!! Should my son file a Habeas Corpus because he was arrrested under false pretenses and he can't get a bond because of the lawyer and it keeps getting passed? Please any advice would be appreciated! Also this in Georgia
Absolutely NOT lawful… a felony isn’t different.. no law under the constitution holds ANY water… you just have to know it and stand your ground… turn the tables on them and file a counter suit… charge them with their crimes… we don’t have to put up with this bullshit.. if you know you know ,,,… we actually run the government they don’t run us.. you need to remind them of that.. good luck
Thank you so much. I will buy your video to support you, since you posted a video to support many innocent people who have been wrongfully arrested and jailed duo to their lack of knowledge or their financial situation has unable them to hire a lawyer. More people should support you.
I want to thank you for sharing this knowledge with us we the people.
Why are we not learning this in school? Like, wtf?
FireBow because the people that are jailing you are also in control of schooling you hope that answers your question...
FireBow same reason they don't teach you the constitution the police and our gov don't want the avg person to know they have any rights
Great question FireBow. And, even greater replies from - Rononeil82 - and dave w.
Replies are spit spot on - hit the nail on the head - and, right to the point.
Its no difference then the early church and keeping the bible forthemselves. Its a replay by the state of that which the church did but in truth the state is just another extension of the church
Rite because the enemy wont allow us to come after them
Terry is there really a time limit on 1983 actions? It would seem that collateral estopple would prevent that in certain circumstances. For instance if the state is looking to enforce an action warrant etc. from the past that an unlawful arrest would reset the clock for a 1983 cause of action?
What do you recommend? Filling a State Habeas Corpus First, then the Federal? Or just filing a Federal?
You just became famous. Your name and this video was dropped on the Glenn Beck show a minute ago.
In California state court, the court requires pro se parties to use the Judicial Counsel Form. The jails should have the form available.
I can't think of the famous court case name (temporary brain hiccup) recognizing the right of access to the court in habeas corpus cases, but the prisoner had to smuggle out of the jail his handwritten petition for writ of habeas corpus, because the jail refused to allow him access to the courts.
I agree 100% that unconvicted prisoners should be treated as if innocent, but the courts are backing off of that proposition.
The pro se writ petitiin I filed required the lower court to dismiss my case before trial. (Note, pretrial dismissals by habeas corpus, as a Mormon might say, “are exceedingly rare.”
What about extradition? Should I fight extradition or wave extradition?
Your video helped me so much thank you.❤
Website gone so can I still find this hour long video?
What's the difference on the felony in the grounds of it bring illegal?
Hello, good sir. Is this the state level habeas corpus, or the federal version? Can this format be used for both the state level one and the federal?
I'm seeking answer because I got a loved one detained by Northwest Tacoma Washington passed the removal order ..he's filing this and we are new to this
Thank you so much trying to help out my brother
Thank you this was very informative
Who would you address it to if you were misled into accepting a "deal," charged, and now out, but are arguing that your "sentence" is unconstitutional and demands review?
Can you file this after you are released? ( jail) to prove due possess was denied to prevent future violations by A Evil entity ty in advance
Are you asking regarding - after you are released on bond - but still under criminal indictment? If so, then yes the Habeas Corpus can still be a tool to have you released from your criminal indictment.
When you have been released on bond, you are still under arrest. The difference from a 'close custodial arrest' (jail) and being permitted limited access to society, on bond - is just that. You're still in the custody and control of the arresting authority.
Again, the answer is yes.
Excellent question, btw...
@@lawinsimpleterms hey man I enjoyed the video. Is there any sort of direction you can guide me to for a post conviction writ of habeas corpus for the state…
Level remedy in WA state. I contacted my local county for the form for it but they said they had no idea of any form for that.
Can someone surpass the state level writ and go right to the federal one or is the state one one, one that every state has to go through in order to get there, even WA?
I’m so confused but I’m running out of time. Thanks again.
A Writ of Mandamus, I'm stuck in legal limbo, in Florida. I was found guilty by jury in Hillsborough County. I had to use public defenders, they did represent me to their ability, I believe. after appealing to District court, the Judge did not write an opinion. I'm stuck now on needing information on using the afore mentioned Writ. the only thing I was guilty of is a pedestrian violation, not obstructing/resisting w/o violence as convicted. Any education you can assist with will be appreciated. Thanks, I hope you have time to help.
+Rubberband54 - It sounds like you were convicted of two misdemeanors. If true, your appeal was denied because you filed it in the District Court of Appeals which was the wrong appellate court. County Criminal Court Orders (misdemeanors) get appealed to the "Circuit Court" acting in its appellate capacity. Let me know if I am on track and if not give more specific information.
7:27 here it says the arresting officer had no grounds for an arrest but…
Probable cause was suggested being that the victim alleging simple battery…
Had a bruise on her face. Probable cause says based off facts at the scene.
Police officers aren’t always going to be present at the scene of crimes.
I’m not really sure I understand this part, Mr.
wow that easy huh?, I can remember those easy wordings.
Would you plz recommend a good book on this matter
Habes Corpus
What about if it is a felony?
man just at the name I Thumbs Upped This video!
Hi how can i purchase yr video thank u the site no longer exists
Should the people arrested on jsix do this?
Hi Im interested to know if the writ of habeas corpus work in a child support cases where incarceration is being put forward if they feel you're guilty of contempt
It's only contempt for refusing to obey a lawful order.
I would establish on the record why the order is unlawful, that way the contempt loses its legs.
@@Jesus-Lives-In-You Correct, and he should suspend the order and collect payment with interest.
If you know what they know , they wouldn't be able to control you.
yes..they hate "slaves" that know how to crawl out of the unlawful "empire" they try to grind us under. Press forward saints!
@@lionofisrael772common law
Some might suggest that release on personal recognizance or other bond waives the right to petition for writ of habeas corpus because your captor will no longer have possession of your body. You still have criminal charges hanging over your head.
In most arrests the habeas petition is a waste of time and energy because the arresting officer definitely has probable cause. Unless the jurisdiction's calendar is clogged, the defendant will get an arraignment and probable cause hearing fairly quickly (good luck with this in NYC or Maimi). And unless the matter is serious, most people will bond out.
However, habeas makes good sense in the case of politically motivated arrests intended to hide the defendant away or keep the defendant from political maneuvers.
4491343091 está mi teléfono músculo
So like a journalist they prefer in jail during the time of a news event like the G20
Not true Bob Hurt, but a good question (in the form of your statement). Even a recognizance bond places you squarely in the custody and control of your captors. Habeas Corpus specifically applies in 'all' custodial cases.
As you walk the streets freely (you think) you are under the strict jurisdiction of the Court. Should you even J-Walk your bond could be revoked. You bond states you shall break NO laws of the State or Federal governments...
Can a family member or friend file a Petition For Habeas Corpus on behalf of somebody in jail? I'm afraid the jailor would just file it in the trashcan.
Yes, someone else can petition on your behalf.
@@exclusivefitz4706 Thanks
@@pepperco100how did it go. I want to do it for my cousin
What is writ of habeas corpus
I'm going after my boss, the legal system in the State of Washington wont hear my case under harrassment, intimidation, and fired me for my right to walk away from a hostile situation. There was a offer to come back, that day in a particular time. I have responded with " I do not accept the offer and I will be at work tomorrow." This is was through text messages.
What are the steps to take him to Court. Do I need to do a writ?
I've been in the court for over 3 years on my 2254 habeas corpus why it take so long
7.27k subscribers now. In a day you will have more.
What if the jailer doesn't even file the Writ of Habeus corpus with the court they just refuse to give it to the court, is that a violation of civil rights?
yes it is and unfortunately many jailers have no idea what you're talking about and think you're crazy so will refuse to give you a pen and paper because they consider pens/pencils to be weapons.
I would say yes.
This would constitute a violation of 43 U.S.C. 1983 and would be a depravation of civil rights and be an actionable offense under Federal law.
@@teru797 true indeed depravation of rights under color of law
The Supreme Court case that established the right to file a habeas corpus petition was smuggled out of the jail, so it could be filed with the court.
Thank you so much for this! Can you please tell me how this would be different for a psychiatric hold? I've confirmed through numerous sources that habeas corpus still applies if you're detained at the hospital
There would be no difference I would say, it's still a state ordered detention
If you do not place the case number then how will they know what case to review?
....especially if a guy has multiple cases.......
Hi, Alonso, please see my response to your inquiry as an original post here in the comments below this video. Thanks for your post.
What if the petitioner was out on a pr bond gets into trouble and picks up new charges for something else. And then several months later the pr bond office decides to revoke the bond, and puts a warrant out for them. Now they are sitting in jail with a bond of 2,000. Their public defender is impossible to get a hold of and the public defenders office says that till the courts are ready to move on the charges there's nothing they can do.
I need help for actual
Infective assistant of counseling
IAC. In california prison.. for lawyer not objecting at my sentence..
Sort story. Convicted of imperfect self defense.. first time ever in trouble. At my own house late night intruder tried to break in.. caught him in my driveway.. registered gun owner since 21yrs old.. was 28yrs old when this happend..
Shot one warning shot I'm air..
After that intruder rushed me attacking me for my sidearm.
Tussle in driveway I get inch or so separation and fire one shot.. towards upper leg.. I missd of course and hit his lower stomach..
I been saying arrest under probable cause is a violation of my constitutional rights. Thnx for teaching me hebeas corpus
Well that wasn't right
If your LIBERTY is being confined can you use this to question a courts jurisdiction to pass a judgment?
That is exactly one of the grounds for Habeas Corpus. Another would go to the Probable Cause of your arrest in the first place. Habeas Corpus means "produce the body", and is used to test the validity of your detention/arrest/incarceration. It is an "Extraordinary Writ" with the highest priority.
I have a friend that lives in Colorado but has a warrant out of California for probation violations and probably revocation. He got a letter saying he has warrant and can be arrested at any time. He was homeless and drug addict in California when crime took place 6 years ago. He is doing good now with his own place and in drug treatment. He doesn't want to lose everything and get taken back to California. Can anyone help with advice please??
'What was the severity of the offense? Felony or Misdemeanor?
@@lawinsimpleterms I believe felony vandalism. But he plead guilty and got 3 years probation and got scared and left the state.
What do you mean by access to Bond?
Bail
Listening glen beck brought me here 😊
How do I do this after the fact? Filed civil claim in fed court, however, this ridiculousness all started with them violating my rights first, (illegal arrest, illegal imprisonment, unlawful seizure)...
are you arguing that excessive bond should be argued under habeus?
Interesting argument re police arrest during a domestic violence. MANY times domestic assaults are filed by the police officer who saw signs of an assault but not an assault.
they can deny the pencil for safety concerns correct?
+welllsaiddddd No they cannot. They must give you the means to write your Writ.
+Terry Ingram They will make you write it in your blood in Detroit
What if ur already in prison?
Somebody I know was sentenced to 10-20 years but recently I looked him up and his status says discharged... but I haven’t heard anyone say he was out. So I went to the county jail website and he’s in there now. So since he was transferred from prison way out in the middle of nowhere back to the city (Detroit) is he going to be getting out soon or?? Will he be sent back to prison?
What example can I use if someone is already in prison?
What if it is written in syntax can you not just write the deman rather than a petition? A petition is asking for permission. Someone who is unlawfully imprisoned on behalf of a legal name should not need judicial review.
Terry Ingram, are you an attorney? Most of the cops I know are not familiar with the law.
+Keith - No Keith I am not. Consider me a "jail house lawyer". Except I was on the outside of the bars instead of the inside, LOL. Actually I just had a knack for the law, started teaching my peers, and 30 years later here I am responding to you. My son, however is attending Law School and my daughter is attending Med School. Because I rubbed off on my son he is way ahead of his class.
I must say you know your stuff. I have an MBA/JD, as does my son and his wife is an attorney.
I am sure you are very proud of your children, with every right to be so.
Thanks for your posts.
Keith because the police are not about law they are terrorists who extort money from people through bullshit tickets
Why state they have jurisdiction that they do not? #JD36739
Excellent!!!
Your webpage links are coming up to 404 pages.
Do you have any advice for someone being accused (unlawfully) of contempt of court? How would I word it in that case?
I'm guessing you were given a court date for a show cause hearing?
@@smartloctv Hey, thank you for responding. It actually worked out, no contempt of court was filed, so we didn't end up needing this. But this video was amazing, so thank you so much for making these, it is really a blessing.
See, if Im getting this straight. In common law which is where the hebeaus corpus is founded. Its my be a injured corpus delecti. A statue or code would violation is not a crime in law.
thank you
Can u help me fill one out its a felony case please??
I have a question. I know someone who is in jail and about to be pulled for imprisonment for other charges filed against him on his families behalf. But there is a charge of assault and battery by strangulation in another county which was filed by me. I tried to get them dropped before they made it to the DA's office but no one ever gave me call back about it. They took pictures. We both were intoxicated and not that I lied in the statement at all but I just wanted them dropped. They told me that the DA could file charges against me for filing a false report. That doesn't feel or seem right to me at all. Am I wrong? Is there anything I can do without having legal action against me to get the charges dropped so he can do his time and come home?
Is it possible for him to get these charges against him dropped?
It's in Oklahoma.
I'm not a lawyer but this one seems really straight forward to you didn't make a false statement 5 amendment STFU don't sign anything don't answer any pig fuck questions and testify for the defence
why can't it be used in a felony case
It can. And most oftenly does.
Long story short I was charged with 187pc and was jailed for 2 years 5bmonth in county fighting my charge. I go all way to trial and get convicted of imperfect self defense. Which is basically manslaughter...
But judge sentences me to 21yrs max on gun enhancement and manslaughter..
HELL YA Thank you brother!!!
Terry, what the heck is that a picture of on top of your "videos" page???
+cdimmm chem trails...
BelligerentTruth
contrails are short lived. You must be very young and ignorant.
do yourself a favor BT. Go get yourself a set of encyclopedias from the late 60's early 70's and look up "contrails" or "vapor trails". Obviously your to young or stupid to figure it out on your own. You can also compare old VHS movies like Jaws and compare them to the AMC channel version they run fairly often, never a sunny day in Amity.
Hi, thank you for this! But I have a question, habeas corpus only gets a prisoner in court to be heard, correct? There would then need to be another step, or motion, for which to be decided by the judge... Right? Like.... Habeas corpus is an action against the warden, and they're executing a court order.... They can't hold you, nor release you without the permission of the judge. So ... Wouldn't we need to follow it up with, maybe another writ or a motion to dismiss or something? I need to file on behalf of someone else, so I can just practice
I think that you're supposed to list the violations in the writ itself, so that the only matter before the court are those violations which make your detention illegal.
You could probably better explain things in court if you want, but you should probably stick to those violations that are your winning points.
They should teach this in elementary school because it is youths that juvenile delinquent police officers who initiate the intimidations and absolute abuse of children.
Yep
Im out on bail now for false identification to law enforcement. But the law says this cannot be the sole reason for an investigation. Im at pre trial now. Looking for info
You just showed how your detention (bail) is unlawful. That's exactly what this writ is for.
how long it takes to write a writ ? and upon completion what is the turn around ? Thanks
Can a parent write this to regain custody of their child after the father broke order and/or has taken the child out of the country?
Habeas Corpus is only used to produce a person in Government Custody. If a person were incarcerated for child support for example, HC would be used to produce the body.
Thank you!
mygalmo its the words you use.. You are NOT a parent your a mother or father. A parent is the lawful mother or father of a PERSON. And we all know what a person is.
Need help filling out writ anyone
Welp what if it’s a felony?
When I was young my Harris county state perform heabus corpus on me to not play sports
Who the man say i do wrong?
if you're inarcerated everything is V.C. (vi coactus)
Mother deprived of her child's custody can file habeas corpuz
Is what you say is true I can do this for my son
@@shaymitchell5943 in re paul w. google scholar it
I’ve just done one uk
A Petition is a plea to your God or superior....I will never petition any sworn servants.....
Then you sit in jail
You need to use the correct verbiage with the correct definition used in the applicable situation ESPECIALLY in law which is called legalese. If not, you are going to sit there foolishly until your "time is served" because of what you BELIEVE something means when it has a different meaning in law. That's called ignorance.
Petition. A formal written application to a court requesting judicial action on a certain matter. A recital of facts which give rise to a cause of action. Matthews v. Simmons, Tex.iv.App., 589 S.W.2d 156, 159.
I got out of jail for 5,000 on a 100,000 dollar bond using a writ for bond reduction.
This work for getting children back also
Can you make a video explaining the duties of the magistrate? I got arrested by an officer who was in a bad mood for speeding and failure to I.D. for simply asking a question about the I.D. law. I spoke to the magistrate IN the jail and all he did was notify me of my charges and the bail placed upon me. I don't know if this is all they're supposed to do, but I was unable to have my voice heard in the cause of my unjust imprisonment. Wish I had seen this video before then.
Mike Rauch check out ( A treatise on arrest and false imprisonment) google it you can get the PDF for free! its only about 80 pages by charlse A weisman.
+Mike Rauch I argue bond for in-custody clients all the time. The actual bond hearing that takes place within 72 hours of arrest is only for the purpose of informing the person of charges and setting bond (if bond is available at that time). The statute says the judge only has to do those two things; it sounds like the rest of the story is appropriate to argue as a defense. But the bond hearing isn't that place, in most jurisdictions.
+John T Maybe you can give me your take on my situation. I currently have a bench warrant for my arrest in Hillsborough County Florida for Failure to Appear. The original charges are Driving w/ License Suspended w/ Knowledge and Resisting Arrest w/out Violence. I was stopped for having the light out above my license plate area. When the deputy tried to get me to incriminate myself, I said "I don't answer questions". This angered her and she called 5 more deputies. So I was kidnapped. I asked for a continuance on a court date and found out later that it had been denied and a warrant issued w/ the proposed bond of $10,000 for each charge. Any thoughts?
The bond hearing is not exactly the 'main' purpose of the initial first appearance. The main purpose is to determine "probable cause" to hold over the Defendant for a trial on the matter. Bond is generally dealt with after or simultaneous to the initial appearance. Technically, the first appearance is to determine probable cause and if the Defendant has grounds that no probable cause exists then this is the point in time to make such arguments, or in lieu thereof move for an "evidentiary" probable cause hearing. Because the Defendant did not know to ask or motion for such a hearing the Judge simply reviewed the State's (Police) documents and found probable cause. The system depends upon an unrepresented Defendant to be ignorant to these rights.
good advice. But how can the average common person remember all this on any given arrest? Sounds like a good place and time for representation by legal counsel.
+BelligerentTruth I wouldn't have asked if I didn't want to get and educated answer,
+BelligerentTruth I wasn't seeking a smart ass. I can find them anywhere.
+BelligerentTruth If you are wondering why I keep removing your posts Belligerent Truth, it is specifically due to your condescending wanna be elitist tone. You could have made a positive point here with your response and it would have been well taken, but instead you have to jump on the morally superior high ground wagon. Thaboomer53 asked a perfectly valid question and you could have taken the opportunity to educate instead of denigrate him. I don't know who you're mad at in your life but I'm not going to permit you to step on people here to make you feel better about yourself. You could have a lot of positive things to contribute if you would only get off your high horse.
One of the great things about a state habeas corpus is that it can be filed by you, a relative or friend on behalf of you ... the prisoner. My suggestion is that if you live in a place where you might be subject to an unlawful arrest, kept a habeas template in you computer files, cell phone, or file cabinet. If you cant get to it yourself, someone else can, and can fill in the details.
thaboomer53 in all jails they have a law library you go there and they have the forms and books needed to actually draft them up and send to court.
and what about non U S/ an american man or women? The term " PERSON" is merely a fiction and at best it is a trustee to a Corporate Fiction? so what about a real living man and woman who chose not to become a U S citizen/slave with merely privileges, not rights?
I am abundantly familiar with your position Michael. The fact is that your stand is an uphill battle against a brainwashed judicial branch (and the others as well). My only advice would be that you continue to develop the legal prowess to enforce your position. Knowledge of the law is an extremely powerful tool (even the knowledge of their law), as I'm sure you know. My mantra is "Total victory or total defeat". I can remember a time when being called a patriot was to be branded a domestic terrorist. Never give up and keep up your good work... we are winning.
thank you for the effort of replying brother, be assured that i am continuing to fight tyranny and excessive legal leverage.
....Michael a "U.S. Citizen" is a slave to the Federation.....you want to be a "Citizen of Your State" State Citizens have rights, while Federal US Citizens can go to jail for debt and victimless and damage-less crimes. I am a Citizen of California not a US Citizen
Join our court watch Skype group. Search skypejoe808. Tell him Foxy sent you.
Mr. ingram do you have an email adress. I would like to send you a email.
"lawinsimpleterms@gmail.com"
What they’re doing to the J6 political prisoners throws all this into the garbage. Point bring it was a nice idea when it worked but under tyrannical government the law is whatever they say it is.
Thank you
Thank you
Thank you