My son had finished his term of parole; but the Probation officer wanted him to have a mental evaluation which the judge said he was to have within 3 months of his detention. He had the evaluation, but he has been incarcerated for over a year. He did not have the benefit of his Attorney of Record before the Judge. The Judge asked an attorney unknown to my son to stand in to "move this action along". The Judge sentenced him to 3 months to five years. His attorney of record will not respond to my son's letter or my attemp to contact hin, By submiting a writ of habeas corpus could he be released.
Country relating to Question: United States
State (if USA): Pennsylvania
I wrote to the Judge who did not respond. Tried to reach his attorney of record who remains unresponsive. Finally, wrote the parole and probation board which only acknowledged receipt of my letter. He was seen by Parole and probations, but was told he was not remorseful enough about having had an argument in the community for which he was suspened from college. Would filing a writ of Habeaus corpos be the right way to go?
The first action that needs to be filed would be an appeal of the sentence based on ineffective assistance of and denial of proper counsel. You can file this together with the writ of Habeas Corpus seeking his release for unlawful incarceration without authority, but you must file the appeal of the sentence. You need to contact the public defender's office about filing the appeal if you cannot afford an appeal attorney to represent him to pursue the appeal.
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