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Recent Habeas Corpus questions

Re: Habeas corpus that is filed challenging state and gone

Re: Habeas corpus that is filed challenging state and gone to federal level. What is remedy to continue challenge of wrongful conviction, if inmate w/time served Is released. Also, is attorney expected to continue /post criminal conviction challenge

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Maverick

Doctoral Degree

6,298 satisfied customers
My nephew was sentenced to 5 years and suspended 4 years and

My nephew was sentenced to 5 years and suspended 4 years and 1 month. He was on bond and revoked in Feb.4,2016 and sentenced April.7,2016. With 85% of the time to be served and credit beginning when his bond was revoked. Why is he being told his release date is in November? He was also granted an additional 1 month off his sentence which should have his release date in August. Can someone please help because his previous attorney is not helping, thanks

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Zoey, JD

Doctoral Degree

29,090 satisfied customers
My boyfriend is in CDCR and was serving two sentences that

My boyfriend is in CDCR and was serving two sentences that were to run concurrent. The prison said they were to run consecutive. We told the attorney and prison that there was a problem months ago when they changes his parole date and added another year. They did nothing about it. Then prop 47 moved him from the S.H.U. to GP in March 2016. That is when the case was finally reviewed. We went to court on June 8, 2016 to modify his sentence for release. The CDCR did not have their paperwork in order and we had to postpone for another week. On June 13, 2016 the judge ordered that he be set free and that in fact he should have been freed months ago. He is still sitting in San Quentin State Prison (Ad Seg) waiting to be set free. The paperwork was just sent through and it was incorrect. We now have to wait another week or so for it to be corrected. I caught the mistake after speaking with SQ records department. What can I do to get him out of there and make this right?

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Ely

Counselor at Law

Juris Doctor

63,644 satisfied customers
Knowing that it can be filed in either the Superior Court or

Knowing that it can be filed in either the Superior Court or a higher court, where should you file a writ of habeas corpus ?

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LawTalk

Attorney at Law

Juris Doctor

32,360 satisfied customers
My daughter accused my husband of inappropriate touch. He

My daughter accused my husband of inappropriate touch. He was tried and convicted of it. While in custody his residence expired and ICE was called and he was detained. A judge has ordered his removal. My daughter now wants to take back what she did and said. She has admitted that she did it to teach him a lesson and she never believe that it would go so far. I don't know what to do or who to go to. Please help me.

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Dwayne B.

Juris Doctor

35,272 satisfied customers
It is so complex and complicated : No : The state of

It is so complex and complicatedJA: The Corporate Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: NoJA: Please tell me everything you can about this issue so the Corporate Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: The state of Maryland changed the disposition of a case to reflect a negative outcome after it had originally reflected the proper outcome, stating I was guilty of domestic violence when in fact the Court's order was that the Final protective order was denied. The state failed to notify me of this, and I was unaware of it until I was called a liar by a friend. I believe the state deprived me of due process of law as well as committing Libel against me. I want to sue the state in federal court as the state courts have been biased against me, the latest in which the Child Support enforcement agency attempted to enforce court ordered child support with a perjured affidavit, for which the state will not prosecute the individual, but have left it to me to prosecute, which I want to do as well at the state level, though the effect (derogatory to me) was a state to state action and across state lines, and therefore could be considered a federal perjury actionJA: OK. The Corporate Lawyer will need to help you with this. Is there anything else the Corporate Lawyer should be aware of?Customer: Well the state refuses to enforce its own laws and have prejudiced their rulings against me, and I want to sue the state in Federal Court, which I believe I have the right to do as the state receives federal funding and therefore the state immunity from prosecution is voided automaticallyJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Corporate Lawyer about your situation and then connect you two.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,464 satisfied customers
My Boyfriend been locked up two years he never been

My Boyfriend been locked up for over two years he never been to court in front of a judge for a bond he want to sue the state He want to file for a lawsuit they violated his rights How do you go about starting a lawsuit

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P. Simmons

Attorney

Doctoral Degree

35,100 satisfied customers
My son in law was arrested 7 days ago on a misdemeanor possassion

My son in law was arrested 7 days ago on a misdemeanor possassion of stolen property and had marijuana they have not charged him with anything no papers have been filed or no court date has been set. His bond has been set at 50,005. And they wont tell my daughter nothing what can we do.

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Zoey, JD

Doctoral Degree

29,090 satisfied customers
Indiana arrested and bailed out april 15 ,2016 for residential

Indiana arrested and bailed out april 15 ,2016 for residential entry & driving habitual both 6 felonies. The court cancelled and rescheduled my initial hearing due to a police officer being killed in our community and his funeral being held on that day.They rescheduled for April 19th. The clerks office issued a summons and they tried to deliver it to old wrong address. It was returned to clerks office undeliverable wrong address. I checked the legal website Doxpop and found my new court date as April 19,2016. I have not even had an initial hearing yet . Could the charges be dismissed due to the excessive time it has taken to even get in front of a judge for the initial hearing.The funeral had nothing to do with me . when I go to court tomarrow am I obligated to bring it to the courts attention if they do not call my name and if they don't call it what would happen to the summons would it turn into a warrant or just lay in the clerks office until I would possibly get picked up in the future and then charged . I have evidence that both crimes should be dismissed. Do I need a probable cause evidence hearing prior to the initial hearing when the formal charges are read. At the initial hearing can I request such a hearing and time to hire a lawyer. I do not want to plead if it has any bearing on the formal charges. Can I tell the judge if he calls my name that I 'd like to continue the initial hearing to a later date so that I can secure a lawyer. Its only been a couple days since I found out the date and that the summons they tried to serve me was delivered to the wrong address.Can I tell the judge I do not want to plead today and haven't had time to retain proper representation.

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Zoey, JD

Doctoral Degree

29,090 satisfied customers
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