is additional legislation neccesary to deal with appeals and habeas corpus claims?
Can I a parent file a habeas corpus on the behalf of my son who is a inmate
There are several types of writ of habeas corpus. Generally, a person who feels that they are being improperly confined may file a writ. `
habeas corpus
He just needs to go to the law library and draft his petition.
If you are being held in jail without being charged, or any movement taking place on yoru case, file a Writ of Habeus Corpus with the court which will force the court to review your case and your circumstances, to see what the delay is.
The process can take four to eight weeks for a scheduled hearing.
File an appeal within 30 day or an modification there after.see link
Habeas Corpus is not relevant to the dismissal of a motion at the appellate level. A state court of appeals is the last court of resort with the exception of the state's supreme court which is in most instances is a the appellate court. The US Supreme Court reviews and sometimes hears cases that involve the violation or infringement of a US citizen's Constitutional rights.
If this is in the US and they did not come get you. You file a Habeas Corpus demanding your release and a motion for the dismissal of the case against you on the grounds that the victim has surely abandoned the case. The evidence being that they did not retrieve you from the place of incarceration. The Habeas Corpus will contain these same bodies of evidence.Clarification of the above answer: You would file a Writ of Habeus Corpus for your release with the jurisdiction that is holding you.As for filing any further actions with the court regarding "abandoned" charges, you would have to file them in the state of the origin or the charges, NOT with the state that held you for extradition. The state that held you for extradition has no jurisdiction to dismiss the criminal charges of another state.
If it wasn't a jury trial you were probably found "guilty en absentia." If you want to appeal the case, you will have to file for a re-hearing. If it was a jury trial contact the judge or the court to see if you can file an appeal.
In general, habeas corpus petitions must be filed by the affected individual, not on behalf of another person. The petitioner must be the one who is being detained or imprisoned unlawfully and seeking relief.
This site is NOT a source of valid, or (sometimes even) knowledgeable legal advice which can be relied upon for a question of this importance. You should seek the counsel of an attorney.