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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. `
is additional legislation neccesary to deal with appeals and habeas corpus claims?
habeas corpus
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.
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.
If you are wanting to file an 11.07 writ of habeas corpus, the form is located on the Court of Criminal Appeals website. I believe all prison libraries in Texas also have paper copies available. You must use the form exactly. If you are filing a different type of writ, you will just apply by writing a motion.
The write of habeas corpus ad prosequendum is used to transfer a defendant from the jurisdiction where he is held to the jurisdiction where he is going to face charges. It is also used in federal court to arrange for transportation of a witness who is in custody. So someone is arrested in California on a warrant out of Texas. Authorities in Texas file the writ and the defendant is transferred to Texas. Or someone in New York wants to call a witness who is in custody in Florida. The writ is filed and the US Marshals would bring the witness from Florida to New York to testify for trial.
Please respond to LorettaMeserveTX@aol.com or call 817-709-6670 or write 103 Cedar Creek Park Road, Whitney, Texas 76692 Thank you Loretta Meserve
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.
File a Writ of Habeus Corpus.
He just needs to go to the law library and draft his petition.