How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111657
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

How does a paroled inmate file a habeas sentencing w/out a

Customer Question

how does a paroled inmate file a habeas sentencing w/out atty
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Are you in state or federal court? You are entitled to a public defender, so why are you seeking to do this without one?
Customer: replied 1 year ago.
State court state of Connecticut in Connecticut after an inmate incarcerated files public defendant is appointed ensure if its the same paroled in mates Connecticut considers paroled inmates are inmates
Customer: replied 1 year ago.
Is anyone there
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.I apologize but live phone calls, unlike in other sections onJustAnswer.com, can be deemed practice of law which is forbidden by state laws as we do not and cannot represent you in any legal matter. I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding. You are entitled to a public defender so you can go to request one from the federal court public defender's office. If you are going to file this yourself, you can file a motion for habeas relief in the federal courts. Here is a sample complaint you would file with the US District Court if you would like to file it there: http://www.legalactioncenter.org/sites/default/files/docs/lac/Brizuela%20v.%20Feliciano%20Complaint.pdf You file this with the clerk of the US District Court explaining your grounds for relief and asking them to intervene. It really increases your chances if you use a local attorney to represent you though.
Customer: replied 1 year ago.
I said I was in state court in the state of Connecticut
Expert:  Law Educator, Esq. replied 1 year ago.
I understand you were in state court, but the habeas relief can be filed and should be filed in the Federal Court, that is how the process works. If a person is convicted in state court, they file their habeas petition to the US District Court to get a different court other than the superior court in CT that convicted them to review the grounds and give an unbiased ruling on the petition for relief. Please understand what I said above, it is a violation of state law for us to communicate by phone as the state bar considers it practice of law and we cannot represent you. I would appreciate if you would respect that. Thank you.
Customer: replied 1 year ago.
Don't have to exhaust state remedies
Customer: replied 1 year ago.
I always thought that you had to exhaust your state remedies first before going to federal court. This is an old case I was given one year backin 1979 unfortunately I have a secondary case did carries life parole and the Department of Corrections here in Connecticut those cases were completely separate he's handling the year sentence as if it was still active. The day I was sentenced to the life sentence I received a year sentence on a different charge before I was sentence to 24 years to life I have been on parole here in the state of Connecticut since 1982. I want to take the other charge the year sentence back in front of the court I can prove that my lawyer of record who was under retainer never stood with me when I was sentenced I was coached beforehand on how to answer the questions posed by the judge I was only 19 or 20 at the time had been locked up free trial for 2 years so I thought nothing of it at the time I didn't know any better hope all this helps please get back to me
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.Only in some instances, but Habeas relief is available from the federal courts directly as it is also a federal right. Your case from that long ago is going to be a tough one, which is why you should have an attorney, but if the separate case was only 1 year you are correct it should be over with and you would file the habeas in the US District Court to get that resolved.
Customer: replied 1 year ago.
Because I'm on parole do I file it as incarcerated in me or is there a separate form I know you can write to the federal clerk and get a habeas corpus form for an inmate but I'm on parole is it the same
Customer: replied 1 year ago.
And by the way you turning the represented me on the year case is still around he gave me an affidavid claiming he doesn't remember being there for the sentencing the other attorneys who are representing me for the 24 year to life sentence don't remember that attorney being there either
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.You can file it based on being on parole. The attorney who represented you is not likely to remember much from 24 years ago I am afraid, so you have to check the court records for that to see if it has anything in the records.
Customer: replied 1 year ago.
No court records survived you have a copy of the judges red book shows attorneys present for sentencing on 24 years to life but no attorney present or mentioned for one year sentence
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. This is why I said the habeas may be difficult after so much time. You would have to try to recreate records for the court to make your case.
Customer: replied 1 year ago.
What about bring it as a constitutional issue right to representation I found a stop and shop then please white cheese
Customer: replied 1 year ago.
Please disregard the white cheese what I said was what about a constitutional issue right to representation I have you turning himself he doesn't remember being a courtroom and something very weird happened that day that actually made history and made the papers I was married minutes before I was sentenced to 24 years or even in newspapers picked it up but he doesn't remember that event everybody that was there for spectators and other attorneys remember I'm the guy they got married just before he got sentenced to life how could he not remember eating
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. I do not know what to tell you, as you cannot force anyone to say they remember something 24 years ago. That is the problem with these cases. It is you who has the burden of proof and making people remember sometimes is not possible and you have to look elsewhere for your proof or evidence.