Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am putting together a writ of habeas corpus petition for…

Customer Question
I am putting together a...
I am putting together a writ of habeas corpus petition for my husbands conviction and I found in the law library yesterday that you can only be enhanced one time up to 3 years maximum per victim for a 23153 a , my husband was given 4 separate enhancements on his 23153 a conviction giving him 10 years on his first offense, would I add this as a ground for his habeas corpus or is there another avenue to get this corrected.
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 20 minutes by:
6/25/2015
Criminal Lawyer: Hammer O'Justice, Criminal Lawyer replied 2 years ago
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
Verified
Hello.
You can petition the court to correct an illegal sentence at any time. Some people raise it as part of a habeas petition because at some point it will become an illegal restraint, but it may be done on its own before the sentencing court through that type of motion. I might raise it both ways to ensure it gets heard...if it is left out of the habeas petition and the judge denies the motion, then he may miss the chance to have it reviewed through the habeas process.
I would also be very careful about filings. It is illegal to practice law on behalf of another if you are not licensed. The only people who can draft legal documents are the defendant himself or his licensed lawyer. Just something to be mindful of.
Ask Your Own Criminal Law Question
Criminal Lawyer: Hammer O'Justice, Criminal Lawyer replied 2 years ago
I should also note that if he had a lawyer at the trial court then you/he may want to approach the lawyer about filing something to correct an illegal sentence. That is something that is part of his trial representation so the lawyer might handle it for him.
Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Hammer O'Justice Your Own Question
Hammer O'Justice
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
4,502 Satisfied Customers
Experience: Almost 12 years of legal experience, primarily in criminal law

Hammer O'Justice is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,153 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
My wife was sentenced in Alabama and was transfer here to
Second opinion] My wife was sentenced in Alabama and was transfer here to Arizona for Conspiracy. I want to see if there is anything we can do to get her out on parol or shorter time? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
361 satisfied customers
My sentencing was upheld even after the sentencing judge
my sentencing was upheld even after the sentencing judge recused herself from my case. Why? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
When and how can a defendant file to vacate a sentence after
When and how can a defendant file to vacate a sentence after a guilty jury verdict? For what reasons can a motion to acate be filed (i.e., malicious prosecution, abuse of process, violation of 6th Ame… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My boyfriend was on pre trial services for domestic violence
My boyfriend was on pre trial services for domestic violence case where he was given a plea for 3 yrs probation when he was arrested for 21 felony counts of organized retail theft. What kind of time i… read more
Bill Attorney
Bill Attorney
law
2,457 satisfied customers
My boyfriend is on pre trial supervision in Ventura county
My boyfriend is on pre trial supervision in Ventura county California and one of the requirements is he stay clean from drugs. His the probation officer who is Supervising him said that his last 3 tes… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My boyfriend is on pre trial supervision in Ventura county
second opinion] My boyfriend is on pre trial supervision in Ventura county California and one of the requirements is he stay clean from drugs. His the probation officer who is Supervising him said tha… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
551 satisfied customers
My husband received an 8 year sentence and was released on
My husband received an 8 year sentence and was released on parole. His 8 years is up June 29, 2018. The problem is he has not reported in 9 months. What are we looking at as far as him being released?… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
361 satisfied customers
What are the sentencing guidelines for a felony U in
what are the sentencing guidelines for a felony U in Wisconsin? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
361 satisfied customers
How can a person be held in prison without trial? On the
How long can a person be held in prison without trial? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am going to have a jury trial in a civil district court.
Hello!I am going to have a jury trial in a civil district court. What is the ratio for me to win?I know it's different from criminal, where you must convince all 12 jurors to win.Thank you!… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A criminal trial has ended. All post trial methods of relief
A criminal trial has ended. All post trial methods of relief have bee exhausted, coram nobis, habeas corpus etc.What might be the most effective way to bring a collateral action to declare an indictme… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a sentence be reversed by an asst da if the judge has
Second opinion] can a sentence be reversed by an asst da if the judge has already signed the order in texas … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
361 satisfied customers
Can a sentence be reversed by an asst da if the judge has
can a sentence be reversed by an asst da if the judge has already signed the order in texas … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
What does it mean when a judge sets your case for trial..
What does it mean when a judge sets your case for trial.. Because he wont give you another reset … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Can you tell me what a hardend sentence is? He got sentenced
My husband was sentenced to 8 years on his first violent charge the deputys and the other immates thinks he was sentenced wrong and for to long… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Question: Sentenced to probation, sentencing guidelines for
Question: Sentenced to probation, sentencing guidelines for base offense level were 0-6 months. Is this considered a federal felony?Details: 1. A guilty plea to one count of "Illegal Importation of Co… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Situation -- jury trial, they return with a guilty verdict.
Situation -- jury trial, they return with a guilty verdict. Defendant absconds just before sentencing. 16 years later the defendant wants to go back and ask for a re-trial. Is there a possibility or h… read more
Bill Attorney
Bill Attorney
law
2,457 satisfied customers
If a defendant is indicted and asks for a speedy trial.
If a defendant is indicted and asks for a speedy trial … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
361 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x