Legal Help (habeus corpus)

[lilivoryangel]

Has anyome had experience or know anything about filing a habeus corpus? Can you do it without an attorney?

I also need an attorney outside Bibb county to do a sentence review. There are ALOT of ethical violations and such so no one local is going to do a good job because they will want to protect their local relationships with this bunch of crooks and liars. (I guess I am a little bitter!)

[Ken]

I moved your post to the Legal Help Forum where it may get more attention....

[Phil in Paris]

Tammy, I don't know if this will answer your question, since I don't really know what a habeus corpus is. Anyway, I found this link for you on PTO, and hope it will be useful.

http://www.prisontalk.com/forums/sho...=habeus+corpus

Good luck
Phil

[lulu]

Phil, this is what that is

Phil,
The writ of habeas, it is a procedure for obtaining a judicial determination of the legality of an action of an individual’s custody.
There are many different forms for a writ. To answer her question, any one can file a writ. Even the person that she is inquiring about. If he does not know how, I would highly recommend getting someone that is able to help.

[Phil in Paris]

Originally posted by lulu
Phil,
The writ of habeas, it is a procedure for obtaining a judicial determination of the legality of an action of an individual’s custody..

Lulu you're so sweet. The problem is that I don't speak chinese !!!

Anyway, I'm happy this link was helpful !!

Phil

[andreamarie]

thanks for that info. my baby wants me to help him find a lawyer on the internet that would help us. He was transferred 342 miles away from the only family he has. It was agreed that he was going to go to a prison 2 hours away instead of 6. He wasn't told where he was going until hpurs before his move. I don't really know if theres anything we can do at this point but we'll try.

[life2thesequel]

I"m just astounded that Lulu fired up a habeas definition when stumped by 'criminial attempt'... But that's another story.

Habeas comes in 2 flavors, State and Federal. They have different rules for eligibility and time limits on filings (from the date of whatever it was that happened that you're writ-ing about.

You should most definitely find an attorney to handle this for you. The reason being that most states and in some federal circuits, you can wear out your welcome by filing more than one. Winging the first, screwing it up procedurally (by not filing cross copies to all the right folks and whatnot) can toss your motion out. You can get in your own way by doing this particular motion wrong. That's the point.

Find an attorney... Find an attorney.... Find an attorney....

[lulu]

lol life, i am learing. I love to learn about the law, but some of this is like phil said, chinese,,,lol

My other big problem is i hate not understanding somethng that dont make sense. I know the law is the law, but shoot., it makes no sense some times. that aggravates me...lol I am stubborn at that and When a law makes no sense to me, such as the one i told you about, I just dont stop.,,
I know, but i cant stand the fact that these guys are getting screwed.

[KConnor56]

Lulu it's great that your learning about all this. Please always feel free to ask any questions you have, as there is no such thing as a stupid question, except the one thats not asked. Also sometimes just knowing what a law means doesn't help it to make sense, sometimkes you need to know the thinking behind the law. The law is a big net & it traps all kinds of people. Not all cases ar simple as the one you described earlier. They get complicated, thats one of the reasons why we have appeals courts, to try to sort this kind of stuff out.

[life2thesequel]

Amen...

(and for the Record, I do believe there has been a lot of action on the subject of what housing a given prisoner has a right to, ..and unless I'm mistaken (it happens...doesn't scare me like it used to...) the prevailing thought is that a prisoner has a right to some defined custody level, some written version (or access to) the rights/responsibilities of a prisoner where he is held,... but no right to a particular institution.
Mr C.. Doesn't that come from policies/rulings which favor the privatization of prisons? Isn't it more likely that if a prisoner can be moved to a satellite location that he is merely advised of the move, not consulted on it right?

[KConnor56]

Life2, yep you got it. In Calif. we have whats called the Title 15 which is all the rules regarding the running of prisons, from the CO's, to the prisoners, to contracts, employment etc. It covers everything. Every prisoner is given one, though few acctually read them. It states in there exacttly what you said. A prisoner has a right to a defined custody, & to know how that is arrived at. A prisoner is entitled to know where he is being moved, but he has no say so in where. In Calif. we don't have private prisons, but we do have CCF's which are prisons ran by local police dept's. This also gives CDC the flexibility to ship a prisoner just about where ever they want. It also would help in the establishment of private prisons, which there is a big push for, & I hope never happens.

andreamarie------No lawyer can help you in where CDC transfers your guy to. It has total & complete authority to put him whever they want. They don't even have to listen to a judge. A judge can make a suggestion, but in the end it's up to CDC. I don't know who would have made this agreement you talk about. If your talking about his counslor at reception, then he fell for the CDC joke. GHis fellow prisoners should have warned him of this. When you go to meet your counslor, you sit down & he/she ask you all kinds of questions, & they determine your point level. They will aanswer any questions you have. Then to be cruel, they ask you where you would like to go. You tell them, & they write it on the form in a place for their recomendation, so it looks all legit. They then lead you to believe that this is where your going to go. Then the day before your move, your called into the CO's office to pack up your belongings to be transfered (What we call transpacked), & you find out, your not going to where you thought you were going to. CDC sends you where ever there is an open bed for you, & you don't have any enemies (They do an enemies search of every institution before they send you there). You can put in for a hardship transfer, where they will transfer him closer. This is real, & they do do it, I've seen it happen many times, but it has to be a legitamite hardship. Just because it's inconvienient it doesn't matter. A hardship to CDC is a serious medical condition suffered by a close family member substantiated my medical records, & a doctors certificate.

A lawyer will tell you he can help, charge you a lot of money, & when it doesn't happen he will say, "Hey, I tried my damndest, I did everything I could". which may be true, but it still wont get him transfered. ---------Ken

[lulu]

Thank you Ken. I have often been told that the law rarly makes sense and that it is not for me to always understand but to accpect that that is the law. People often as well has mistaken me to believe that if it was up to me, no one would be in prison, how ever, that is not the case. I believe in people taking responsibilty, but I as well believe in fairness.
Some one esle once told me , that there is in most cases a "hole" some where in a person case. He did not say all the time, but I knew what he meant. It is finding that hole that I hate. There is so many holes in this guys case, that it makes me want to scream.
I am trying to do better with accepting what I or any one esle cant change. It is not easy when it hurts me so bad knowing that the system has ruined someone's life. Not meaning that he should not take responsibilty, but give him fairnes is what I am saying. That really hurts me.

[lulu]

you know what confuses me the most,,,lol is the lingo, sheesh, i am like having problems pronoucing all this mess,,,lol

[hevnsnt]

I was told that an inmate can be moved within 500 miles of therir family. And they can go further if there isn't one or if that one if full.