Sorry no bond vop but court clerk in county having her held. She transferred her probation in 2018 to the county holding her but not the county that supposedly has a hold on her... But yet says they did not violate her??? Ima so confused and so is she... She completed her probation march 2019 and was released ..
Do you include the relief being sought in the grounds for relief on the 1107 form? For example: "I am seeking relief from the inclusion of the affirmative finding of a deadly weapon."
If the harm you are trying to fix is the affirmative finding of a deadly weapon, then I would say yes. You also must allege facts, if true, that would entitle you to the relief sought. And generally, this would include some violation of a constitutional right that resulted in the deadly weapon finding. For instance, what facts demonstrate your constitutional rights were violated and how did the violation result in the affirmative finding. I hope this helps.
Thank good video I have court tomorrow afternoon I am facing a petit theft charge with walmart I was wondering if I take this to trial because I did not intentionally over scan what are the odds of walmart even showing up?
Have warrants in another state with no extradition just surrounding states just did time in the state I'm in looking too file fast and speedy trial to force action too get my case thrown out would this be an effective way to go about it?
I had a bond set I have been in jail for 7 yrs. A bond was made but the judge would not let me bond out because he had signed a judicial comment for a sanity hearing. I had passed a sanity hearing a yr ago.
Every new case presents another opportunity for the judge to request an examination to determine your competency. I'm sorry you are going through this!
This was very informative and I would like to find out more about the forms needed to help a loved one free himself from confinement as his sentence is served plus he was wronged in the first place but once arrested I had no idea of what to do! We Are Moroccan Americans and I say this because we do most documents in hand writing in the format of an affidavit. Enlighten me please
Regrettably, I do not possess the forms you are asking about. Please hire a defense attorney in the jurisdiction where this case is located. Good luck and thanks for your question.
I just left my attorneys office asked if he would file a motion of habeas corpus but refused to or any other motions how do I go about filing one myself
I need to file Writ of Habeas Corpus here in Arizona on behalf of my wife. I want to be sure that lay out the necessary points that need to reviewed. How can I do this if I am unable to find an attorney who can or will work with me to accomplish this?
@@GustitisLaw is there a template for creating such a document so I can be sure that it is properly formatted to establish jurisdiction and improve likelihood that the court of appeal will review the case?
I would recommend locating a qualified attorney in the geographic location within which the 6th Circuit is located. Good luck and thanks for your question.
@@cuznbill3251 seems a bit biased. However when fighting for your very freedom or life, they could care less either way they are going home. Well paid I will add.
If a person is confined or restrained, let's say in jail, and the offense being charged is NOT bailable, does the confined person still have a right to a pre-trail writ? In other words, what's to stop prosecutors from piling on non-bailable charges onto people arrested for otherwise bailable offenses - drugs, DUI, misdemeanor? Can you use the writ habeus corpus to challenge the actual things being charged if you think they are just being used arbitrarily to jail a person they otherwise would have to have bond posted for?
In Texas, there are no "non-bailable" offenses except capital murder. If a person is on bond for a felony, and they commit another felony, the state can move to deny bond, but the person is entitled to a hearing on that issue. Secondly, the incarcerated person always has a right to a writ of habeas corpus based on a constitution violation. It simply requires the person to craft a writ which successfully alleges the violation.
My husbands Writ is currently being reviewed by the courts. A lady that testified under pressure by the DA, I even have a text message from this woman saying that she refused to testify and that she was pressured by the DA, wants to submit an affidavit on behalf of my husband stating this very thing. How ever since this case has already happened, Im not supposed to contact this woman due to victims rights. How do I get this affifdavit from her if Im not supposed to be contacting her? With out me getting in trouble?
Corpus and writ of mandamus my dad is shane alan hindry this is a curse please help me i dont want to die with a unfulfilled life in a cell i cant get on track ive lost my son in the process because i couldnt get my own home where i can say who comes and who goes
A friend was involved in a federal criminal case starting 2016, and still serving probation. They DOJ decided to change judges after 3 and a half years on a docket. The judge denied a continuance, the defendant was scheduled for a surgery to rule out cancer and the 70 days expired . The criminal attorney was informed the 70 days expired by the US ada and judge. He did not counsel or advise his client, who paid thousands of dollars for a competent criminal defense attorney, he just agreed to sign an Unopposed Motion to Continue. The defendant found out unfortunately 18 plus months later. There was a question continued to be asked , why are you asking me to sign back dated guilty plea in May and June ,2020, that is dated in February of 2020. The criminal defense attorney just brushed it off and said that's something that can be fixed at a later time just sign the damn paper . When the defendant refused to sign the guilty plea, she was thrown into solitary confinement and pre trial probation yanked from her and no modification granted for ability to do house arrest or other modifications stating she was a threat to society. The defendant was a first offense , non violent crime, and the crime did not a weapon. Days prior to this, she was treated in the emergency department for stroke versus hypertensive crisis. The two week Detention in solitary confinement caused her to have repeated panic attacks in custody, chest pain, exacerbation of PTSD, excruciating post traumatic pain from a previous head on collision ,which she took scheduled pain medication for ,were abruptly stopped the two weeks, and fear . She was released only after agreeing to sign the guilty pleas. The defendant now has some form of type I heart failure not diagnosed prior to their unlawful detainment to force a signed guilty plea back dated from Feb. 2020. We were now in early June . They claimed 5 pages of pretrial violations back dated 4 years. The former judge was known as one of the toughest their...........Wouldn't you think, if she really had 5 pages of pretrial violations, that strict judge would have yanked her pre trial probation a long time before 4 years after the fact?
Unfortunately, I have no idea how to answer your question. Only a qualified attorney who has independently investigated the facts of the case would be in a position to express a competent opinion about the merits of such a case.
Lucky me, I had a rookie attorney, learning on the job. I was made the suspect in x damaged security camera, after I drove past, my company truck has carpentry on the door. The police believe I did it, yet no visual images of who did the damage. The jury was more influenced by the state as she painted a picture. My was as if debate I provided facts she used her own judgement. I was found guilty in all my years of living have never had an arrest nor criminal charges. I know former captain of state patrol, several high level government providing personal numbers even tried out for local vacant sheriff office position.
I've never seen a blue warrant hold challenged by a writ of habeas corpus. You would need to consult with a parole attorney expert to see if that's a possibility.
The right you described is the 6th Amendment right to confrontation. Habeas Corpus does not entail the right to confront witnesses. Habeas Corpus is simply the vehicle with which to challenge a person's illegal restraint by the government. The right to confrontation means the right to cross-examine witnesses who testify against you. In other words, if a witness offers evidence against you, you have the right to ask them questions.
What if a prosecutor gives a convict a bargain to reduced sentence, what should i do as the victim to disagree the level of crime committed against me. eg. instead of attempted murder, the convict is charged with affray which i disagree is the right charge,
Unfortunately, the victim does not have any real say in the matter. A prosecutor has absolute control over the disposition of the case. Although many prosecutors will attempt to get the victim's blessing in regard to a plea bargain, the prosecutor is not obligated to do so. I hope this helps.
I work at a County Jail in NM. I’ve seen Detainees that claim to be innocent…plead guilty so they can get out. I’ve seen Detainees plead innocent and they remain incarcerated. This seems unfair to me. Am I misunderstanding something? 😐
First, I've been doing this job for 33 years and 90% of my clients tell me they are not guilty. Obviously, we cannot trust "self-report" because of how unreliable and self-serving it is. There are exceptions, of course. But for those inmates who need to get out, for whatever reason, they will take the calculated risk of entering plea deals. The important thing to remember is these decisions are the client's and not the lawyer's. It's also true that genuinely innocent persons are convicted for crimes they did not commit, though I believe this happens rarely. But it certainly does. It's an imperfect system designed by humans and administer by humans.
@@GustitisLaw I’ve even overheard the inmates advising newly incarcerated inmates to “Just plead guilty and they’ll let you out”. I asked them about the alternative. “What if he pleads innocent?” They answer “He will have to stay in and fight”. That means some inmates may actually be innocent and just go ahead and plead guilty so they can be released. Is this “tactic” common amongst other states?
So what is the time frame for a post conviction Hapeas Corpus? My sons lawyer died during his case before it went to trial. We paid him a significant amount of money. He was assigned an attorney by the court to work along the other firms Lawer who stepped up to help. He had no experience in the criminal cases related to my sons case. I feel he wasn’t represented properly
Depending upon the state, there may be no official deadlines for a writ of habeas corpus. However, even if there are no deadlines, it's still important to investigate the writ as quickly as possible. Evidence can be lost and witnesses can die. Talk to a post-conviction expert as soon as possible.
I have a habeas corpus proceeding in about a month from now. Amongst many things, I am arguing abuse of due process, judicial misconduct, and ineffective assistance of counsel. They had indigent people sitting in Clayton County jail for years without a reasonable bond and Sheriff Hill was doing bad things to us. THe Sheriff is on trial for violating our civil rights and I got information that the Judge was n collusion with the Public Defender's office. He knew that we were being under represented so he peddled hundreds of thousands of dollars into the Public Defender's as a way to influence it.
thank you for sharing this information. Im curious if and when a Writ of Habeas Corpus can be applied in Civil law. Thank you. There is family law involved, Family Interstate kidnapping, and Medical kidnapping as well.
If the government is restraining someone’s liberty in violation of their constitutional rights, then habeas should apply. Thanks for watching my Channel.
If there's a child visitation or child support orders involved- then taking children without written permission from other parent past the designated mile radius, then child kidnapping charges are applied. Since it involves children and law was broken, usually the judges will give modified orders of custody to the parent that has been wronged and that will remain in effect until you take back to Family Court.
Texasgirl77077 the system is there to divide and destroy children and families. Grandparents have no right meddling in the marriage or child rearing period. This is the law I abide to. We would have healthier families and children. The child traffickers of the court system profit they could care less about the child or the best interest of the child which is part in the moms dna and the dads dna. All of these dysfunctional courts should be closed. It also says, 'Every person must respect his mother and his father' (Leviticus 19:3), and it says, 'God your Lord you shall respect, Him you shall serve' (Deuteronomy 10:20). Here the same word, respect, is used. ... Furthermore it says, 'Whoever curses his father or mother shall be put to death' (Exodus 21:17).
I should add my minor children were abducted and interstate kidnapped almost 4 years ago. I have not done anything wrong - the system is set up to traffic children period and to profit from it. No one including lawyers and judge in court my children were hidden and taken hostage to live with grandma in a cheap elder gaited neighborhood in Florida fromTexas. Texas and Florida govt. thugs all paid for and helped the perpetrator do this. I was served a divorce 1.2 years later and learned where my children were and could get no one to help me find my children. No the system is irretrievably broken and disgusting profit laden traffickers. I have empirical evidence in my case and no one in the system wants it . Wow 😮
@@RestorationRanchHealing i had experience from this. When my ex took my son and was trying to leave the state- i called the sheriff and they were able to stop him and put him in jail. When he went to court- the judge gave full custody to me because i showed up to testify. He didn't get his joint custody back without- supervision until we went back to court a few years later by which my child was older and didn't want much to do with him. Sorry about your situation. My heart breaks for you.
Hello, sir my father is in detention center from last 9 months and he was having final order of deportation and our lawyer have filed habeas corpus could you tell me what would happen? Because you have such experience you should be knowing more.
Since I have no idea about what the facts are in your father's case, it's impossible for me to speculate on the result of the habeas corpus petition. But it sounds like his immigration attorney had something to allege. If the attorney has credible facts to back-up his allegations in the petition, your father may get relief. I can't tell what that relief might be since I don't know what the petition alleges. Sorry I could not be more specific.
@@yauvanpatel760 I appreciate your interest. I prefer to answer questions here on the Channel, so that all my viewers can benefit from the give-and-take. Since I do not practice immigration law, I don' know that I can be of service. But if your father has a criminal case pending, then feel free to contact my office to discuss the case.
@@GustitisLaw You can good new York suspends Habeas Corpus, now I am not on these Rioters sides just was wondering what's going on but I think it's been overturned now?
Gustitis Law I believe the justification is the widespread protests over the murder of George Floyd. They want to make it easier to unlawfully detain protesters.
They are similar. However, in an appeal the defendant relies upon what was placed into the record, objections made and ruled upon by the judge. In habeas corpus the defendant has the ability to create new evidence for the record. Also, habeas is limited to constitutional violations where a direct appeal is not. Good question.
I cannot. My understanding is habeas corpus applies when the government detains an individual in violation of their constitutional protections. Good question, though.
One historical example would be inheritance law. It dates centuries when human civilizations became more complex and classes developed as a result of the birth of private property. The accumulation of wealth and property in the hands of those who were able to monopolize land, domesticated animals, etc gave that clan a strategic advantage to those who did not have possession of such property. Therefore, a social problem developed: how to enforce the transition of wealth and property to the next generation of the same clan or gens. Laws, therefore developed that allow the institutionalization of inheritance. Before the discovery of agriculture about 10,000 years ago, primitive societies lived in communal lands. Therefore, the historical and material need for inheritance laws was impossible. That is why, in socialist and communist countries inheritance laws did not exist because the means of production were publicly owned such as in the USSR, for example. This, however, did not mean that the possession land was was not legalized. The political system allowed for the issuing of deeds and land titles to the peasants who worked them. A contemporary example that laws, reflect the interests of the ruling classes is Congress. A legislative body which in theory represents the people, according to the constitution. However, when you do extensive research you will find that most of the bills passed into laws are for the benefit of the few. Dozens of pressure groups and lobbying groups constantly pressure Congress to pass bills into law in their favor: oil and gas multinational corporations, investment banks, defence industry, and those think tanks that represent them have so much power, that usually Congress from both parties vote in their favor. And even though there have been instances where the popular masses have achieved some favorable legislation, the reality is that to influence Congress, you have to have tons of money. Not to mention that political campaigns from both sides received billions from finance capital. Similar situation is present in the electoral process. The whole system is rigged.
Like I said in my other response ,you can always renounce your citizenship and move to a socialist or communist country. Thanks for stopping by and commenting.
@@GustitisLaw I am not a communist and never will be. All I am exposing here is the serious flaws found in the judicial system. Also, it is a critical analysis. Take it as constructive criticism.
Hello sir, How long after a conviction can a person petition the court for writ of habeas corpus?! Are felony deffered cases also subjected to the habeas corpus for ineffective assistance of counsel ? Thank you Arthur Esqueda
Gustitis Law Hello sir Thank you for taking the time to reply. I did however have one last question.If the Attorney failed to inform defendant on the affirmative action (family violence) put on the case. Would the defendant be able to petition the court under ineffective assistance of counsel? Defendant recently discovered such findings in his case. Thanks again sir! Arthur Esqueda
@@SuncityDirtMachine You would have to prove by clear and convincing evidence that any such failure caused your plea to be involuntary. Remember, at the time of your plea the judge ruled that your plea was knowingly and voluntarily made. You would need evidence to overcome that ruling.
I still answer every question asked on my Channel. However, I don’t give legal advice since I never know all the facts and law applicable to the case. What’s on your mind?
@@GustitisLaw scenario: a person is incarcerated (county jail) so that would be pretrial, after watching your video I told him to file for a writ of habeas corpus, he asked his attorney if he could do that and his attorney told him no is that okay? From my understanding the writ is in the Constitution? And cannot be denied, right? And that was kind of four questions I'm sorry
Is there action that can be taken against the state of they are holding a nonviolent offender in prison under total lockdown procedure due to covid 19. This person as chronic asthma and their specific unit is overrunning with covid 19 positive officers and inmates. This person's health and life is in severe danger because of the environment and living situation provided by the prison.
Since I'm only a criminal law attorney, I can't competently answer your very good question, since family law governs. I really appreciate you visiting my Channel, nevertheless.
I certainly would ask a family law attorney this important question. They work with CPS cases all the time. But I would say it is difficult. The “best interests” of the child is the standard. That is a very very all encompassing and difficult to overcome since the judge has wide discretion in these matters.
Absolutely love your channel thank you for the information and what you're doing for the people. I have a quick question I have a cousin who is 32 years of age who when 12 years old was charged along with two other boys in a sexual misconduct situation. He had ineffective counsel for he was advised to plead guilty, the other two boys did not plead guilty and their case was dismissed. Now some twenty years later he's being held for failing to register as a sex offender for a conviction that he pled guilty to when he was 12 years old. Does this sound reasonable to you? Must a juvenile seal his records in order to be protected from them being used against him? Thank you for your opinions concerning.
I appreciate you watching and I'm thankful for your kind words. The situation you described is really a sub-niche in the criminal defense field, juvenile law. The sex registration requirement is a matter of his State law, and no it does not sound reasonable to me. I know that Texas has laws which allow a juvenile to seal their records after a certain period of time, depending upon their age and the type of offense they were convicted of. There may also be a way to change his registration requirement, but that would probably not affect his current charge of failing to register. In any case, he should seek legal counsel in the State in which this happened.
All I can say is in Polk county, detainment is the 1st thing they do to both parties because it brings $300 per day per person. One accusation from a perpetrator is all it takes to be detained. Property owners are in great danger, they have no regard for securing your property when they do detain you. Your one call is almost impossible to make. I am not nearly as afraid of criminals as I am legal kidnapping. I have learned that calling 911 for help is dangerous.
Thank you for this great presentation !!! Im a french lawyer and i ve always been looking for a deeper explanation of this concept as nothing similar exists under french law. This was perfect !
Technically It no longer exists in USA. Obama did away with it some how. Our other rights are supposed to be God given or natural. I guess whats given by God can be taken by men.
@@GasGotti actually it was signed by Obama in Dec. Of 2011 and is called the NDAA. It has indefinite detention in it. There have been of course different versions like after 9/11(Patriot Act). So journalists, activists, human rights workers, etc can be arrested on vague assumptions under indefinite detention. See Hagues v. Obama where the plaintiff lost because they lacked legal standing.
My name is Tim, my stepson was given back to back life for crimes he did not and could not have committed. He spent almost 4 years in jail awaiting trial. His attorney refused to even meet with him nor answer his phone calls nor letters. He had overwhelming, well documented evidence he was innocent. The two witnesses against him confessed to lying. When the prosecutor heard they were recanting their story she threatened them with 7 1/2 years in prison via email. His attorney did not call any witnesses that were willing to testify he did not even know them at the time. Court, employment records prove he was several hundred miles away. The judge, prosecutor and his attorney conspired to deny him his rights in retaliation for our protesting the corruption in family court and foster care. local attorney's are warned away from getting involved. We know this for a fact. Can someone file a writ without an attorney?
@@branthonkanen8681 Where can I go to find a sample of a writ? Is there a format that one would have to follow? Thank you for getting back to me. God will bless you for all the help you give people.
I find it funny as one whom understands the inner world's laws of humanity and the natural mechanisty of the universe create the ahrimanic current of thought. Running opposed to this current which grounds the being within the physical. Is the Luciferic current which once waged a war of knowledge against love and now fights knowledge with love the love of the self and drive to perfect ones self's is where the Luciferic current resides . These are the 2 most known poles in human thought. The Luciferic current takes one away from the earth and the perfection found there when manifest here is evil. That being said the alternative is a numbed reality then you have beings such as me a pluralised I body and angel of death of the fifth dimension. True justice is automatic and instinctual but not uncontrollable
Maybe someone should’ve explained this to Obama when he suspended it so he could detain protestors without legal recourse so his buddies could build an oil pipeline over indigenous peoples drinking water.
Do you have to be on probation to do Habeas. I have 2 yrs left. I finished 3 years & wanted to apply for termination. I am a paralegal wrongfully convicted working as doctor's administratior. Was offered ARD & 2 yrs probation in 2017. Had nothing to do with being accomplice for writing meds.. Still fighting. Judge just rubber stamped for commonwealth. 3 bad lawyers representing me.
I am a pretrial detainee. I can satisfy the Strickland Test, Constructive Denial of Counsel, and Conflict of Interest to demonstrate a showing of Ineffective Assistance of Counsel...and the merits that I use to satisfy those clause are already on the record....I need my judge to conduct a hearing into my counsel deficient inadequate performance so it's on the record
Im from Washington State i pled guilty to a dv 4th degree assault but iam innocent after the fact of being charged and pleading i was assaulted two times more by the same person the same prosecutor several different lawyers invetween due process violations to several judges with in a seven year period later no one would believe me i was told i was doomed and put on probation to go to mental health as a offender wich im not able to get the help i need futher abusing and causing me pain what do i do .im indegient and the lawyers i have been assigned wilk not go against them .wat do i do thare is proof thare is a problem .i also am a victim of human trafficking i have a fedral civil lawsuit in affect as we speak .thares gatta be a light at the end of this nightmare please help
Great content.. I'm currently serving a life without parole for a crime I didn't commit and no-one in my case died. This is very helpful. I wish that I could obtain your services but I am in SC.
Since my Channel was created to educate people, I prefer that questions be posed here in the comment section so everyone can benefit from the answer. If you want to hire me to represent you, then you'll need to call my office and schedule an initial consultation. Thank you for visiting!
What can i do if i went through habeas corpus and it was proven my arrest and détention was illegal.And i signed an settlement and now the partner refuse to compensate me.
Just after my divorce, my ex proposed a bargain where I should quit claim on my house AND agree to a protective order to stay away 500 yards for visitation of my children. My lawyer advised me to agree to it. As an afterthought I asked how long the protective order would last. In a saddened voice he said "IN PERPETUITY". I found out later after many years, that that order is used to generate a bad NIC report from the FBI such that I can no longer buy a firearm. I am an ex marine who served honorably, and my father was a marine on IWO GIMA in WWII. Could a writ of habeas corpus be used to undo this protective order? Did this lawyer not fail to represent me?
Unfortunately, I must say I don’t know on both questions. I am not familiar with all the facts. The facts drive every case. Since I don’t know the facts, I cannot express an opinion.
Does HABEAS CORPUS apply during a State of Emergency? Here's a excerpt from Wikipedia... "Habeas Corpus has certain limitations. Though a writ of right, it is not a writ of course. It is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law, then Habeas Corpus may not be a useful remedy. In some countries, the writ has been temporarily or permanently suspended under the pretext of a war or State of Emergency, for example by Abraham Lincoln during the American Civil War."
( im using my bf's email) :) I'll try to be as short as I can.i was in Mt daughters truck with my boyfriend ND a co-worker of his that asked for help with a ride because her car broke down. My license were suspended because of no insurance. We were pulled over by a Bay CO. ( I live in Panama city) Sheriff truck was my daughter's and was legal. I was told I was pulled over for driving to slow ( in town) in the left hand lane! Officer asked for my Dr license, which I gave to him. In turn he came back ND told me my lucky had been suspended. I told why ndcat that time he asked all 3cof us if we had any weapons or drugs that might hurt his safety? We all 3 replied No. At this time another officer pulled up ND walked around my daughter's truck twice! ( my daughters truck siits Very high up!) The two officers talk ND the 2nd one comes to the truck ask again about any drugs in the truck? We all say NO SIR! He says we'll MY DOG ( there was NEVER even a dog there!!) Smells drugs!! At which time I remembered in the center console of my daughter's truck. Her boyfriend live in boyfriend. Has whatever for medical marijuana. Empty containers were in the center of console. I told the cop that's probably what the dogs melt. At which time he told me that his dog Could not smell for marijuana only methamphetamines. And then ask us to step out of the vehicle at which time. They searched us me first. Nothing my boyfriend, nothing are passenger Who? Had brought a backpack. I can into the vehicle when she got didn't researched upon being searched. The female officer talked to the officer that we were pulled over by and asked about the search. She said she couldn't search her all the way because she had a body suit on underneath her T-shirt and jeans. So that they searched that they searched the Truck. Afterwards, they ask us all 3 again. Did we have any drugs or weapons in the car? I'll throw you that said no again. The dog inserts the inside of the vehicle came back out. Ask us again. Do I need to have drugs? And whose backpack was that in the backseat? I will throw you that said it didn't belong to us. Clearly clearly our passenger was lying it belonged to her. So 2 officers speak to each other. Come back and go directly over to our passenger and ask her again. Does that backpack belong to you? She said no sir, and and he looks right at her and says. What would you say if I told you? I saw you take the drugs or some drugs. Add a backpack and lay them on the seat now. They've already searched her backpack down drugs inside her backpack and the drugs. She left on the pull aside. Individually. And the officer the second officer talks to me and tells me that he found a baggy in My purse( a purse that had been in a tote that my daughter ND I keep at least 30 purses in) I had switched one 2 days before. ( my daughter had been incarcerated a couple of yrs before this for drugs) The officer showed me a little baggy with absolutely no drugs in it. Just residue at the very, very bottom all the way around. At that time, I explained to him that that was not mine and was unaware of how the fact that it was in my purse. Then I remembered there was a possibility that the person might be my daughter's and been left in there from a few years before. Again, I tell him that's not mine. He tells Me and demonstrates by rubbing his finger and thumb together at the top of the baggy and telling me, if any one little piece falls to the bottom, it is a felony. Otherwise it is just a misdemeanor charge. Asking me, do I want to go to jail? Or do I wanna go home? I say, of course, I wanna go home. I don't want to go to jail ex. Try explain again. That the purse was probably one that my daughter used a few years ago.And might have been left it in it by her. He continues to tell me that he needs something from me It exchanged for him. Letting me go home and not to Jai. Ask what that is. He says on Wednesday. Which was 6 days from that day? I will call you and at that time. You will give me a name of someone that. Buys or sales , a big amount Meth.i tell him don't know anyone like that. That we'd came ND he called I didn't answer he called again a few days later ! I didn't answer it. A month goes by I'm in a car my gf just balought ND she's pulled over cause she bought it from an Individual and hadn't been to the d.M vto tag her car yet I was unaware of the fact there was no tag on it.Officers at that time. Which were panama city PD ask for our ID'S ND she was let go ND the arrested me for TWO WARRANTS!!!!! Apparently a charge and a methamphetamine charge!! (2) charges and I was taking the jail!!!! 4 DAYS BEFORE I WAS BONDED OUT ND GIVEN A COURT DATE! I went to court given a court appointed lawyer ND the judge asked me if I had given a UA that morning? I told him I didn't know I was suppose to? He told me I either had to give one or I need to talk to my attorney. So I talked to my COURT APPOINTED ATTORNEY he tells me the state is offering me a deal! At the time those 4 days in jail had been so Traumatizing to me. That I probably wasn't completely listened to all.Oh, what the deal the That the state attorney was offering....I TOOK IT! 1 YR PROBATION. 100 HRS COMMUNITY SERVICE.. ND DRUG TREATMENT. RANDOM UA'S ND 12OO DOLLAR COURT COST ND FINES!!!!! All of this was in June ND July of 2023. Two weeks before my probation was over I was Violated by my probation officeri had completed my care, which was the dog treatment? 12 classes 2 classes of AA. A or NA $100 committee service work paid some on the fines, but didn't have it. They still owe $558. So consequently she recommended to the judge tdad, I've been violated. For not completing everything one month before my probation was over with!!! A few weeks later six officers Came to my house.And rested me for violation of probation!!! I spent 6 days in jail before being bonded out. When I went to court while in jail , the judge gave me basically Reinstatement of my probation nothing changed. I just had to complete all those conditions of my probation. I completed my drug treatment to our classes but didn't get the Certificate. I made a couple of appointments were unable to keep them because of transportation. I didn't pay all the money at the courthouse. And I did community service hours all hundreds of them. But the church where I did the Mat didn't have some. Paper that the probation department needed because they weren't on the list on their list, which the church. Minister Didn't know what I was talking about but was in the process.Trying to find out and and get the number.I guess it was for nonprofit or something.I'm not sure. Originally, I was held without judification, but that no longer existed because of the VO. P. Since both of us my boyfriend and I lost our jobs. I was at my job for 26 years. Same job they closed it. I worked on and off from that time I was Charged and violated no work at all from March Till I was violated. We were a victim. I passed every way for a year essentially. I had completed everything so the judge said. Get it all finished, and as soon as you do. You'll be off probation, otherwise you're on probation for 36 months now. So about a month and a half ago we moved from one county To another where my daughter lives. We moved in with her. My boyfriend works for them. They have their own been a stay at home, mom, they have 2 younger children store at home. I help with them and all the home life. The probation officer here. At My last regular appointment with my probation officerin Bay County.I told her we were moving because we were evicted from our home and she said, if we had to do a transfer of my probation which she did on the phone and explain.Ed , I had one hour to get from one county to another over an hour away but said I had to be there within An hour! I'm not gonna lie 2 days prior when we were given a vaccine. One of our, not so great friends LO. L stopped had heard of all of our bad luck. My boyfriend and I both smoked ( meth) w them!!! The DUMBEST THIBG I HAVE EVER DONE!!!! Consequently at least after giving an hour to get to the new pollution department the new p o violated for a dirty UA!!! She said she had. To send it to the lab to confirm.It's been 6 weeks we just found out that there was a warrant. Now the threatening to come.Get me and take me back to jail held without bond! I'm SCARED MD DONT KNIW WHAT TO DO??!!! A friend of Ibarra is telling me to go to Bay County where our chargers originated from enter myself and? And go to first appearance And prove to the judge or Say the judge First object When I'm told why I am standing in front of him. And then to say That I know that You're under oath that you took a note that you don't want to compromise compromise so let me ask you these poor things. 1.R U THE VICTIM 2. 3.DO I HAVE A CONTRACT WITH U. 4. ATE U MY ATTORNEY. That he he has to answer to all these questions. ND because of that they will have to release me from jail. IS THIS TRUE? IS THIS WHAT I SOULD DO? IM ALMOST 59 ND BEFOR ALL OF THIS I HAD NEVER BEEN IN TROUBLE MY WHOLE LIFE!!! I FEEL LIKE I MIGHT DIE THIS TOME IN THAT HORRIBLE PLACE!! OF YEA....my PO Is recommending to the judge that I attend a in jail drug rehab program for 4 months! Like I said, I don't think I can do that.And I don't think going to make it in that place especially for something that I really didn't do to begin with!!!! Sincerely, Rhonda ( please help!!)
a RIT OF hc, IS THE POWER TO CALL ON ACTION TO CLOSE DOWN THE GOVERNMENT TO ARREST ALL PEOPLE THAT HAVE BROKEN THE LAW, SUCH AS tREASON, sEDITIOUS, ETC. iF IT ENDANGERS AMERICAN LIVES, IT CAN BE CALLED!!! tO PROTECT THE CITIZENS!
But the government must have violated a person’s constitutional rights. The government has the right to limit freedoms under appropriate circumstances. For instance, your freedom of speech does not permit you to yell “fire” in a crowded theater.
Texas Case out of Collins: fiance is charged with pos of controlled substance > 2 gs. For a vape pen, although it is legal in Oklahoma where we lived at the time. Long story short got pulled over they found the vape pen with marijuana, he went to jail for the above charge. He was bonded out and the bondsman and the court appointed attorney know we are not from Texas. The first deal the DA gave us was 3 years mandatory jail years (on a first offense). Second deal is 2 years probation deferred. Fiance was supposed to sign for the probation in May but his father got sick and past away the following month. Now he is sitting in jail in Ms awaiting to be expedited back to Texas. Will the writ of habeas corpus help is to where he can be released from the jail in Ms and have "x" amount of time to get to Texas and signs for probation. Instead of waiting for almost 30 days for Tx to come get him???? If so how do we file because his court appointed attorney is out of Texas????????????? Help please I keep getting the runs around from each county ( Tx and Ms) sheriff's depart and county clerk's about necessary paper filled to even start the expedite. They keep blaming it on one another.....Will this writ habeas corpus get him released from the county thats holding him. So we can just drive to Texas to sign for the probation????
Thank you, I will try this, as they have places a CBO (oRDER) on me and its been 3 years now where they will not let me upload vids to youtube about the abuse the UK POLICE, COUNCIL and COURTS are inflicting on me and the orders has obsen conditions in it. these conditions say i cannot email the police to complain and all my phones camera and sd cards have been taken so i cant film them and document there abuse... i will try this writ and see what happens. because the probation will not even reply to my complaints of unfare ORDER conditions that are mentally hurting me for over 3 years... no lawyers will help me and there is no advice out there... they put me in prison for sending one email asking for my things back...,. they beat me and damaged my shoulder by dragging me by my arm in cuffs.
Texas Case : Appointed lawyer told her If She plead Guilty, She would be able to go home . 7 years now, my friend learning Charge can NOT be seal or expunged ( Child Endangerment/Child Abandonment) . Her son was not home alone . Can She appeal or should She ask for Writ of Habeas Corpus . Her 1st case , she was 21
Does your question apply to the sealing/expungement of records? If it does, the attorney is not required to advise their client of the possibly of sealing/expungement before a plea bargain is approved by the court. If she believes she was harmed in some other way, she can always hire a writ lawyer to investigate the case and determine if a writ might be appropriate.
Can this be a method used where one is jailed in one jurisdiction, and another puts a warrant out for failure to appear in another jurisdiction. I have a friend that has been entangled because while being locked up in Harris County, she couldn't appear in Montgomery County. Montgomery County placed a warrant out for failure to appear. After making bail, she got notice to appear in Montgomery County. When appearing, they arrested her for failure to appear. Now, she is currently locked up in Montgomery County, and recently got notice to appear in Harris County, but can't since she is locked up in Montgomery County. She is going to get a failure to appear, and a warrant will be issued for her in Harris County. She's stuck in this moronic loop between the two counties.
I don't know. Since I cannot conduct an independent investigation of the law and facts applicable to the case, it's impossible for me to express an opinion.
I have a case I would love to share with you and get your second opinion. I’d love to speak with you and if that’s possible I can share my phone number. This case I’m in involves a traffic stop, prolonged unnecessary stop “investigation”, cops using conduct unbecoming of an officer, Violation of South Carolina’s Truth to Arrest Act of 2006 which resulted in me basically being kidnapped and imprisoned, failure to Mirandize, bond extortion, harassment, prosecutorial abuse of power. That’s just the stop. There are so many more aspects dealing with my health, criminal record, negligence by Sentinel (a privately owned monitoring company the county and state contracts defendants on house arrest to), negligence by the detention center staff that nearly caused my death but did result in me having surgery that turned a small hole into a long scar and a port hole replacement that hurts constantly now. A warrant I was not given the chance to see when cops stormed my home and violated my 4th Amendment rights while they stood over me and my teenage son with their firearms drawn. The warrant is based on crappy “surveillance” statements and lies by the officer, people they arrested or pulled over for just coming down the street I live on that I don’t even know. People that they questioned and gave them my name and address. Like did you stop and such and such where B lives? Then giving them information about the case I’m facing because I rode in a car and stood up for mine and my friends rights. When they finished destroying my property (home and out building) on their evidence taken list it had NOTHING TAKEN. The first lawyer I had tried to get me to plead. I can’t. I took out a loan and paid a defense lawyer who also tried to get me to plead. I told him if I was gonna do that I wouldn’t have taken out a loan I’m going to struggle to pay back to hire you. By pleading the prosecutor offered me probation which I can’t pay, I don’t have a car so getting to probation and back home will be unconvincing for anyone who I asked for a ride so that’s both violation offenses which will land me in prison. Not to mention his plea is still a felony and that takes away my 2nd Amendment right which I had a CWP to carry but until this case is done I can’t have it or my firearm. My 2nd Amendment as a disabled person who has to use a device that is visible for anyone wanting and not wanting to do me harm to see. That at least gives me a deterrent or an equalizer which would be a last resort. The night that started all this I was with a friend so I left my firearm at home. Which I see as probably being a good slip of my memory in retrospect. So many ins and outs of this buffoonery I’m dealing with.
If you have a Texas case and would like to hire me to represent you, please contact my office to schedule a consultation in my office to discuss the case. My phone number is in the "About" section of my Channel.
IAM currently incarcerated in Mississippi illegally detained ,,IAM making a claim that I was not tried indicted or convicted as the judgment is void on its face for lack of jurisdiction because I was never indicted for the crime IAM in prison for my question is. Can a 2241 writ help me get relief or do I first have to present my claim through section 11-43-1 which is Mississippis state writ civil proceeding for pre conviction claims
Since I am not familiar with Mississippi state law on writs, I cannot speculate on their procedure. However, I can say that all Petitioners seeking federal habeas relief must first exhaust their state remedies.
one form of confinement you MISSED ! I was falsely scooped up on a bogus PEC, physicians emergency certificate and jammed up into a mental hospital. Habeas corpus applies here as well
I love your explanation so, clear thank You. Would you please tell me Writing a habeas corpus in California, can help someone that always declare innocent; spend since 18 years old to 33 years old in prison, under Brady case's by US authorities, prosecutor and miss representation. Can you suggest me something effective? Thank Youuuuu!!!
I mentioned authority asked his relative DDA for assistance, with out mention the miss-representation of the defense attorney. Win those cases, confined 500 years full centency with special recommendations in prison for somone that always play innocent. In other words if the people is guilty, I don't see the necessity to asked for intervention of relatives' influence. For that I asked if Habeas corpus in California, can make any changes in this kind of situation, where were witness difamation, No discovered of evidences, etc etc. Thanks You so much for your honesty and kindness to answer my question and show me where is the light...
@@GustitisLaw thank You so much for your kindness to answer my question. this case is in California, for that I asked if the habeas corpus can help someone innocent, victim of US authority. Because he won the first case honestly. These US authority required his relative DDA participate in those cases to be secured to win those. With out mention the miss-representation of the defense attorney. Even more this U S authority extend a recommendation in the prison for this innocent individuo. Even all case's was judge under Brady v M corrupted actions.
@@diazmonik2916 A Brady violation might be the basis of a writ of habeas corpus since Brady relied upon the Due Process clause of the U.S. Constitution. I cannot comment on the innocence claim since I am unfamiliar with the evidence in this case.
Mr G. I recommended your channel to a dear friend who’s son seems to be unconstitutionally confined with an insane bond amount. I’m talking a cool million Mr G. Something about child porn possession. I feel so bad for her as a good Christian mother I’ve known for 50 years. The son is sick and needs treatment for sure but a bail of this size is surely unconstitutional. I wish I had more details but her lawyer has not provided her with discovery. This was last November. The lawyer should have given her discovery by now don’t you agree? Or maybe because she has not insisted it? I know the kid possibly has prior convictions possibly drug possession and prior child porn not sure so maybe there’s more to the story that I can comprehend but 1 million bond? Also she is running into the same old song and dance of court being delayed because of coronavirus just like I did. I have a hard time accepting people being locked up for vast amount of time without being allowed bond reduction hearing’s and other motions due to a pandemic. How is it that people can be held in jail indefinitely because of a pandemic especially when the federal government let out I believe 7000 people because of it only to , as of lately, recall them back to prison. This is a case in Illinois. I hear Illinois is quite corrupt so I don’t know if that has anything to do with it or not what are your thoughts? Habeas corpus? 🙏 thx
Habeas corpus is the only vehicle by which the son can get a judge to hear his argument for a bond reduction. If denied, the ruling can be appealed immediately.
Is this different than an officers writ for a warrant? I was picked up by DPD the information on the writ was incorrect. My birthday was wrong and name spelled wrong. I went from a county jail to a detention center where I saw a magistrate who said because of habeous corpus she could not alter the bond alreAdy set by my judge. I sat from Thursday to Tuesday because they could not transport me because the information was incorrect. I had to beg a court officer to EVEN TALK to me. My name was still spelled wrong when I got to Wayne county where I had already missed another court date and was not rescheduled until Friday morning. Two days had gone by without a pin to use the phone. I was denied my medication for a week, and ended up in the mental health unit for observation. Do I have a lawsuit
my fiance is incarcerated in Kankakee Illinois he was released from Alabama prison October 30th 2019 they picked him up and took him to Illinois November 8th 2019 he washe was proven innocent of the charges in Illinois and has been waiting for Alabama to extradite him back for over 34 daysI have contacted the proboard the probate parole officer the prison and nobody seems to know when he will be expedited or exactly whose responsibility it is do you have any advice
Thank you for this video, it was illuminating in many ways. Not just in what a writ of habeas corpus is, but further how it is applied in criminal law when there is suspicion of unlawful detention or restraint.
Video was exceptional. You were very cleat and understood all you were saying.agyer 50 plus years something I did as a juvenile. , had come back to hurt my. Although when I was waiting to be sent to a reformatory. An attorney came up and said he was getting me out on a writ of habeas corpus. My conviction was set aside, but recently discharged from employment, I’ve had all my life. I need help with this, o am unemployed, have PTSD as result of in- natural loss of only child, Do you think a lawyer will see me for a consultation. O have no monies available, paying everything on my own Thank you for your help and consideration.
I certainly appreciate you watching the video and I'm glad it was helpful. But if your conviction was set aside already, I do not think you need to file a writ of habeas corpus.
Thanks for addressing this issue. 👍
Of course! I hope it helps. Thanks for watching.
My habeas corpus was denied what does that mean
@@carlmarchetti2839 That means the court does not believe you are entitled to the relief set forth in your petition.
No bond. but county that is having her held court clerk says no vop. She filed there.
Sorry no bond vop but court clerk in county having her held. She transferred her probation in 2018 to the county holding her but not the county that supposedly has a hold on her... But yet says they did not violate her??? Ima so confused and so is she... She completed her probation march 2019 and was released ..
Very effective and clear-cut explanation of a very controversial subject matter. Thank you.👏👏👏
Thank you for your kind words!
...insightful info indeed, thanks Man. 🤘🤓💡
I m very glad that you replied for every comments that just a great sir
Thanks for your kind words and support.
Brilliantly set forth. Thank you. Valuable information.
Thank you for watching!
Do you include the relief being sought in the grounds for relief on the 1107 form? For example: "I am seeking relief from the inclusion of the affirmative finding of a deadly weapon."
If the harm you are trying to fix is the affirmative finding of a deadly weapon, then I would say yes. You also must allege facts, if true, that would entitle you to the relief sought. And generally, this would include some violation of a constitutional right that resulted in the deadly weapon finding. For instance, what facts demonstrate your constitutional rights were violated and how did the violation result in the affirmative finding. I hope this helps.
Sorry for that and could you show me some videos on paraphernalia charge for the basics behind a paraphernalia chart
Thank good video I have court tomorrow afternoon I am facing a petit theft charge with walmart I was wondering if I take this to trial because I did not intentionally over scan what are the odds of walmart even showing up?
If they don’t show up they will get arrested.
Have warrants in another state with no extradition just surrounding states just did time in the state I'm in looking too file fast and speedy trial to force action too get my case thrown out would this be an effective way to go about it?
I had a bond set I have been in jail for 7 yrs. A bond was made but the judge would not let me bond out because he had signed a judicial comment for a sanity hearing. I had passed a sanity hearing a yr ago.
Every new case presents another opportunity for the judge to request an examination to determine your competency. I'm sorry you are going through this!
This was very informative and I would like to find out more about the forms needed to help a loved one free himself from confinement as his sentence is served plus he was wronged in the first place but once arrested I had no idea of what to do! We Are Moroccan Americans and I say this because we do most documents in hand writing in the format of an affidavit. Enlighten me please
Regrettably, I do not possess the forms you are asking about. Please hire a defense attorney in the jurisdiction where this case is located. Good luck and thanks for your question.
How do I find the right criminal defense attorney?
I just left my attorneys office asked if he would file a motion of habeas corpus but refused to or any other motions how do I go about filing one myself
If you are represented by an attorney, do not file a motion by yourself. Fire that lawyer and hire someone who will do what you ask them.
I need to file Writ of Habeas Corpus here in Arizona on behalf of my wife. I want to be sure that lay out the necessary points that need to reviewed. How can I do this if I am unable to find an attorney who can or will work with me to accomplish this?
Unfortunately, if you cannot find a lawyer willing to do the work, your wife will need to file the petition pro se.
@@GustitisLaw is there a template for creating such a document so I can be sure that it is properly formatted to establish jurisdiction and improve likelihood that the court of appeal will review the case?
I'm in need of a intelligent determined appellant Attorney in the 6th circuit.
I would recommend locating a qualified attorney in the geographic location within which the 6th Circuit is located. Good luck and thanks for your question.
No such thing as a intelligent attorney, the judge is a bar member, prosecutors are bar members ,your attorney is a bar member,get it?
@@cuznbill3251 seems a bit biased. However when fighting for your very freedom or life, they could care less either way they are going home. Well paid I will add.
If a person is confined or restrained, let's say in jail, and the offense being charged is NOT bailable, does the confined person still have a right to a pre-trail writ? In other words, what's to stop prosecutors from piling on non-bailable charges onto people arrested for otherwise bailable offenses - drugs, DUI, misdemeanor? Can you use the writ habeus corpus to challenge the actual things being charged if you think they are just being used arbitrarily to jail a person they otherwise would have to have bond posted for?
In Texas, there are no "non-bailable" offenses except capital murder. If a person is on bond for a felony, and they commit another felony, the state can move to deny bond, but the person is entitled to a hearing on that issue. Secondly, the incarcerated person always has a right to a writ of habeas corpus based on a constitution violation. It simply requires the person to craft a writ which successfully alleges the violation.
Great video
Thanks for the visit!
Please explain what this means in terms of Barr & the announcement this weekend.
Can you please be more specific. Thanks.
My husbands Writ is currently being reviewed by the courts. A lady that testified under pressure by the DA, I even have a text message from this woman saying that she refused to testify and that she was pressured by the DA, wants to submit an affidavit on behalf of my husband stating this very thing. How ever since this case has already happened, Im not supposed to contact this woman due to victims rights. How do I get this affifdavit from her if Im not supposed to be contacting her? With out me getting in trouble?
Please discuss this with your husband's attorney who prosecuted the writ for him. I'm sure they can help answer this important question.
Corpus and writ of mandamus my dad is shane alan hindry this is a curse please help me i dont want to die with a unfulfilled life in a cell i cant get on track ive lost my son in the process because i couldnt get my own home where i can say who comes and who goes
🌎🙏🙏🙏 A writ of habeas corpus should have never been suspended. A constitution right. Never should been suspended
A friend was involved in a federal criminal case starting 2016, and still serving probation. They DOJ decided to change judges after 3 and a half years on a docket. The judge denied a continuance, the defendant was scheduled for a surgery to rule out cancer and the 70 days expired . The criminal attorney was informed the 70 days expired by the US ada and judge. He did not counsel or advise his client, who paid thousands of dollars for a competent criminal defense attorney, he just agreed to sign an Unopposed Motion to Continue. The defendant found out unfortunately 18 plus months later. There was a question continued to be asked , why are you asking me to sign back dated guilty plea in May and June ,2020, that is dated in February of 2020. The criminal defense attorney just brushed it off and said that's something that can be fixed at a later time just sign the damn paper . When the defendant refused to sign the guilty plea, she was thrown into solitary confinement and pre trial probation yanked from her and no modification granted for ability to do house arrest or other modifications stating she was a threat to society. The defendant was a first offense , non violent crime, and the crime did not a weapon. Days prior to this, she was treated in the emergency department for stroke versus hypertensive crisis. The two week Detention in solitary confinement caused her to have repeated panic attacks in custody, chest pain, exacerbation of PTSD, excruciating post traumatic pain from a previous head on collision ,which she took scheduled pain medication for ,were abruptly stopped the two weeks, and fear . She was released only after agreeing to sign the guilty pleas. The defendant now has some form of type I heart failure not diagnosed prior to their unlawful detainment to force a signed guilty plea back dated from Feb. 2020. We were now in early June . They claimed 5 pages of pretrial violations back dated 4 years. The former judge was known as one of the toughest their...........Wouldn't you think, if she really had 5 pages of pretrial violations, that strict judge would have yanked her pre trial probation a long time before 4 years after the fact?
Unfortunately, I have no idea how to answer your question. Only a qualified attorney who has independently investigated the facts of the case would be in a position to express a competent opinion about the merits of such a case.
Lucky me, I had a rookie attorney, learning on the job.
I was made the suspect in x damaged security camera, after I drove past, my company truck has carpentry on the door.
The police believe I did it, yet no visual images of who did the damage. The jury was more influenced by the state as she painted a picture.
My was as if debate I provided facts she used her own judgement. I was found guilty in all my years of living have never had an arrest nor criminal charges.
I know former captain of state patrol, several high level government providing personal numbers even tried out for local vacant sheriff office position.
i need a lawyer for this in San Diego
I would do a Google search for criminal appeal attorneys in San Diego. Good luck!
Good lecture!
Thank you! I’m glad to help.
Please I need information on changing a plea bargan that is unjust?
Please talk to your lawyer who negotiated the plea bargain immediately.
Can u file for a wit of habeas corpus if they are in jail witha blue warnt and have not been to trail yet
I've never seen a blue warrant hold challenged by a writ of habeas corpus. You would need to consult with a parole attorney expert to see if that's a possibility.
You have not explained the "Habeas Corpus" that is the god given right of every human being to face his accuser.
Kindly explain this principal please.
The right you described is the 6th Amendment right to confrontation. Habeas Corpus does not entail the right to confront witnesses. Habeas Corpus is simply the vehicle with which to challenge a person's illegal restraint by the government. The right to confrontation means the right to cross-examine witnesses who testify against you. In other words, if a witness offers evidence against you, you have the right to ask them questions.
What if a prosecutor gives a convict a bargain to reduced sentence, what should i do as the victim to disagree the level of crime committed against me. eg. instead of attempted murder, the convict is charged with affray which i disagree is the right charge,
Unfortunately, the victim does not have any real say in the matter. A prosecutor has absolute control over the disposition of the case. Although many prosecutors will attempt to get the victim's blessing in regard to a plea bargain, the prosecutor is not obligated to do so. I hope this helps.
So how can NY propose a law to imprison people deemed a health threat without a trial?
A legislature can pass any law it wants. It must always pass constitutional review, however.
I work at a County Jail in NM. I’ve seen Detainees that claim to be innocent…plead guilty so they can get out. I’ve seen Detainees plead innocent and they remain incarcerated. This seems unfair to me. Am I misunderstanding something? 😐
First, I've been doing this job for 33 years and 90% of my clients tell me they are not guilty. Obviously, we cannot trust "self-report" because of how unreliable and self-serving it is. There are exceptions, of course. But for those inmates who need to get out, for whatever reason, they will take the calculated risk of entering plea deals. The important thing to remember is these decisions are the client's and not the lawyer's. It's also true that genuinely innocent persons are convicted for crimes they did not commit, though I believe this happens rarely. But it certainly does. It's an imperfect system designed by humans and administer by humans.
@@GustitisLaw
I’ve even overheard the inmates advising newly incarcerated inmates to “Just plead guilty and they’ll let you out”. I asked them about the alternative. “What if he pleads innocent?” They answer “He will have to stay in and fight”.
That means some inmates may actually be innocent and just go ahead and plead guilty so they can be released. Is this “tactic” common amongst other states?
Do you have any habe attorney paralegal bconnects in Georgia
Sorry, but I do not.
I’m about to file a writ of habeas corpus for a first Amendment prior restraint Will I run to any issues
I have no idea. I haven’t independently investigated the facts.
So what is the time frame for a post conviction Hapeas Corpus? My sons lawyer died during his case before it went to trial. We paid him a significant amount of money. He was assigned an attorney by the court to work along the other firms Lawer who stepped up to help. He had no experience in the criminal cases related to my sons case. I feel he wasn’t represented properly
Depending upon the state, there may be no official deadlines for a writ of habeas corpus. However, even if there are no deadlines, it's still important to investigate the writ as quickly as possible. Evidence can be lost and witnesses can die. Talk to a post-conviction expert as soon as possible.
I have a habeas corpus proceeding in about a month from now. Amongst many things, I am arguing abuse of due process, judicial misconduct, and ineffective assistance of counsel. They had indigent people sitting in Clayton County jail for years without a reasonable bond and Sheriff Hill was doing bad things to us. THe Sheriff is on trial for violating our civil rights and I got information that the Judge was n collusion with the Public Defender's office. He knew that we were being under represented so he peddled hundreds of thousands of dollars into the Public Defender's as a way to influence it.
I wish you the best luck in this habeas proceeding. I really appreciate you commenting on this thread and sharing your experience.
thank you for sharing this information. Im curious if and when a Writ of Habeas Corpus can be applied in Civil law. Thank you. There is family law involved, Family Interstate kidnapping, and Medical kidnapping as well.
If the government is restraining someone’s liberty in violation of their constitutional rights, then habeas should apply. Thanks for watching my Channel.
If there's a child visitation or child support orders involved- then taking children without written permission from other parent past the designated mile radius, then child kidnapping charges are applied. Since it involves children and law was broken, usually the judges will give modified orders of custody to the parent that has been wronged and that will remain in effect until you take back to Family Court.
Texasgirl77077 the system is there to divide and destroy children and families. Grandparents have no right meddling in the marriage or child rearing period.
This is the law I abide to. We would have healthier families and children. The child traffickers of the court system profit they could care less about the child or the best interest of the child which is part in the moms dna and the dads dna. All of these dysfunctional courts should be closed. It also says, 'Every person must respect his mother and his father' (Leviticus 19:3), and it says, 'God your Lord you shall respect, Him you shall serve' (Deuteronomy 10:20). Here the same word, respect, is used. ... Furthermore it says, 'Whoever curses his father or mother shall be put to death' (Exodus 21:17).
I should add my minor children were abducted and interstate kidnapped almost 4 years ago. I have not done anything wrong - the system is set up to traffic children period and to profit from it. No one including lawyers and judge in court my children were hidden and taken hostage to live with grandma in a cheap elder gaited neighborhood in Florida fromTexas. Texas and Florida govt. thugs all paid for and helped the perpetrator do this. I was served a divorce 1.2 years later and learned where my children were and could get no one to help me find my children. No the system is irretrievably broken and disgusting profit laden traffickers. I have empirical evidence in my case and no one in the system wants it . Wow 😮
@@RestorationRanchHealing i had experience from this. When my ex took my son and was trying to leave the state- i called the sheriff and they were able to stop him and put him in jail. When he went to court- the judge gave full custody to me because i showed up to testify. He didn't get his joint custody back without- supervision until we went back to court a few years later by which my child was older and didn't want much to do with him. Sorry about your situation. My heart breaks for you.
Hello, sir my father is in detention center from last 9 months and he was having final order of deportation and our lawyer have filed habeas corpus could you tell me what would happen? Because you have such experience you should be knowing more.
Since I have no idea about what the facts are in your father's case, it's impossible for me to speculate on the result of the habeas corpus petition. But it sounds like his immigration attorney had something to allege. If the attorney has credible facts to back-up his allegations in the petition, your father may get relief. I can't tell what that relief might be since I don't know what the petition alleges. Sorry I could not be more specific.
Thank you for the help sir how could I contact you for more question?
@@yauvanpatel760 I appreciate your interest. I prefer to answer questions here on the Channel, so that all my viewers can benefit from the give-and-take. Since I do not practice immigration law, I don' know that I can be of service. But if your father has a criminal case pending, then feel free to contact my office to discuss the case.
So is this the next and final step after they deny your post conviction?
Yes. After all direct appeals have been exhausted, then the writ of habeas corpus is all that’s left.
Why did new York just suspend Habeas Corpus”
I did not hear the justification. Did you?
@@GustitisLaw let me try to find it, it's bizarre what is happening all around
@@GustitisLaw You can good new York suspends Habeas Corpus, now I am not on these Rioters sides just was wondering what's going on but I think it's been overturned now?
Gustitis Law I believe the justification is the widespread protests over the murder of George Floyd. They want to make it easier to unlawfully detain protesters.
@@adultishgambino8713 That sounds like a reasonably good argument. Thanks for contributing!
Does the President have the ability to initiate the Insurrection Act, declare Martial Law and suspend Habeas Corpus?
I don't know. Why do you ask?
Because that's what 3 Star General Thomas McInerney is recommending to President Trump!
I guess we will need to see what happens next.
Thank you
Of course!
🌏🙏🙏🙏 Thank you
What is the main difference in a writ of habeus corpus and an appeal? It looks like they are similar. Thank you for your explanation!
They are similar. However, in an appeal the defendant relies upon what was placed into the record, objections made and ruled upon by the judge. In habeas corpus the defendant has the ability to create new evidence for the record. Also, habeas is limited to constitutional violations where a direct appeal is not. Good question.
Could a Habeas corpus hurt you legally in certain situations just wandering
Winning a habeas takes you back to the beginning to defend the case all over again.
what happens if the President suspends the writ of habeas corpus?
Then we are in serious trouble. I doubt this would occur, however.
can you speak to habeas corpus civil wise
I cannot. My understanding is habeas corpus applies when the government detains an individual in violation of their constitutional protections. Good question, though.
One historical example would be inheritance law. It dates centuries when human civilizations became more complex and classes developed as a result of the birth of private property. The accumulation of wealth and property in the hands of those who were able to monopolize land, domesticated animals, etc gave that clan a strategic advantage to those who did not have possession of such property. Therefore, a social problem developed: how to enforce the transition of wealth and property to the next generation of the same clan or gens. Laws, therefore developed that allow the institutionalization of inheritance. Before the discovery of agriculture about 10,000 years ago, primitive societies lived in communal lands. Therefore, the historical and material need for inheritance laws was impossible. That is why, in socialist and communist countries inheritance laws did not exist because the means of production were publicly owned such as in the USSR, for example. This, however, did not mean that the possession land was was not legalized. The political system allowed for the issuing of deeds and land titles to the peasants who worked them. A contemporary example that laws, reflect the interests of the ruling classes is Congress. A legislative body which in theory represents the people, according to the constitution. However, when you do extensive research you will find that most of the bills passed into laws are for the benefit of the few. Dozens of pressure groups and lobbying groups constantly pressure Congress to pass bills into law in their favor: oil and gas multinational corporations, investment banks, defence industry, and those think tanks that represent them have so much power, that usually Congress from both parties vote in their favor. And even though there have been instances where the popular masses have achieved some favorable legislation, the reality is that to influence Congress, you have to have tons of money. Not to mention that political campaigns from both sides received billions from finance capital. Similar situation is present in the electoral process. The whole system is rigged.
Like I said in my other response ,you can always renounce your citizenship and move to a socialist or communist country. Thanks for stopping by and commenting.
@@GustitisLaw
I am not a communist and never will be. All I am exposing here is the serious flaws found in the judicial system. Also, it is a critical analysis. Take it as constructive criticism.
I understand. I was not offended by your remarks, but only offered an alternative way to address your misgivings about the system.
Hello sir,
How long after a conviction can a person petition the court for writ of habeas corpus?! Are felony deffered cases also subjected to the habeas corpus for ineffective assistance of counsel ?
Thank you
Arthur Esqueda
Immediately and yes. As long as the petitioner can prove they are under restraint, they can file. Thanks for such a good question.
Gustitis Law
Hello sir
Thank you for taking the time to reply. I did however have one last question.If the Attorney failed to inform defendant on the affirmative action (family violence) put on the case. Would the defendant be able to petition the court under ineffective assistance of counsel? Defendant recently discovered such findings in his case.
Thanks again sir!
Arthur Esqueda
@@SuncityDirtMachine You would have to prove by clear and convincing evidence that any such failure caused your plea to be involuntary. Remember, at the time of your plea the judge ruled that your plea was knowingly and voluntarily made. You would need evidence to overcome that ruling.
Is there something similar to Habeas Corpus in Russia or China? I'll bet there isn't in N. Korea.
You'd need to read the Russian constitution to see if it's in there.
Do you still answer questions?
I still answer every question asked on my Channel. However, I don’t give legal advice since I never know all the facts and law applicable to the case. What’s on your mind?
@@GustitisLaw scenario: a person is incarcerated (county jail) so that would be pretrial, after watching your video I told him to file for a writ of habeas corpus, he asked his attorney if he could do that and his attorney told him no is that okay? From my understanding the writ is in the Constitution? And cannot be denied, right? And that was kind of four questions I'm sorry
Are you in California?
No, Texas.
R u a member of the bar association..
Do you mean the Texas state bar? Yes.
Is there action that can be taken against the state of they are holding a nonviolent offender in prison under total lockdown procedure due to covid 19. This person as chronic asthma and their specific unit is overrunning with covid 19 positive officers and inmates. This person's health and life is in severe danger because of the environment and living situation provided by the prison.
Call the prison. Ask the warden what steps are being taken to protect the prisoners.
If im being denied due process because the attorney general wont answer my question in court , is that a writ of error or writ of habeas corpus
What question won’t they answer and why do you believe that is a due process violation?
@@spotlight1384 Ok, then. Sounds like you have a plan of action. I wish you the best of luck.
Also, what state do you practice in?
I practice in Texas. Thanks for your question.
Hi can this apply in family court? With costudy
Since I'm only a criminal law attorney, I can't competently answer your very good question, since family law governs. I really appreciate you visiting my Channel, nevertheless.
@@GustitisLaw do you have a channel for family Court?
@@stephaniecompere422 No I don't. I am strictly a criminal defense attorney.
Can I a heabius corpus when child welfare unlawfully handles a cps case
I certainly would ask a family law attorney this important question. They work with CPS cases all the time. But I would say it is difficult. The “best interests” of the child is the standard. That is a very very all encompassing and difficult to overcome since the judge has wide discretion in these matters.
Is it normal for a 2254 habeas corpus to take 2 years and 4 months. When 9 months to a Year they're normally answered
I don’t know. It probably depends upon the caseload of the court. Good luck and thanks for your question.
Absolutely love your channel thank you for the information and what you're doing for the people. I have a quick question I have a cousin who is 32 years of age who when 12 years old was charged along with two other boys in a sexual misconduct situation. He had ineffective counsel for he was advised to plead guilty, the other two boys did not plead guilty and their case was dismissed. Now some twenty years later he's being held for failing to register as a sex offender for a conviction that he pled guilty to when he was 12 years old. Does this sound reasonable to you? Must a juvenile seal his records in order to be protected from them being used against him? Thank you for your opinions concerning.
I appreciate you watching and I'm thankful for your kind words. The situation you described is really a sub-niche in the criminal defense field, juvenile law. The sex registration requirement is a matter of his State law, and no it does not sound reasonable to me. I know that Texas has laws which allow a juvenile to seal their records after a certain period of time, depending upon their age and the type of offense they were convicted of. There may also be a way to change his registration requirement, but that would probably not affect his current charge of failing to register. In any case, he should seek legal counsel in the State in which this happened.
I just started working on my Paralegal and this was so much easier to digest than what our text books gave us! Thank you!
Glad it helped!
Same, that's why I'm here too.
All I can say is in Polk county, detainment is the 1st thing they do to both parties because it brings $300 per day per person. One accusation from a perpetrator is all it takes to be detained. Property owners are in great danger, they have no regard for securing your property when they do detain you. Your one call is almost impossible to make. I am not nearly as afraid of criminals as I am legal kidnapping. I have learned that calling 911 for help is dangerous.
Yes ma’m. 911 can be a dangerous and life changing call to make. Thanks for your comment.
Thank you for this great presentation !!! Im a french lawyer and i ve always been looking for a deeper explanation of this concept as nothing similar exists under french law. This was perfect !
You are very welcome. I am happy to help.
Technically It no longer exists in USA. Obama did away with it some how.
Our other rights are supposed to be God given or natural.
I guess whats given by God can be taken by men.
@@jupitercyclops6521 I did not know that. He’s known as the worst President of 🇺🇸🇺🇸
@@jupitercyclops6521 not true.
@@GasGotti actually it was signed by Obama in Dec. Of 2011 and is called the NDAA. It has indefinite detention in it. There have been of course different versions like after 9/11(Patriot Act). So journalists, activists, human rights workers, etc can be arrested on vague assumptions under indefinite detention. See Hagues v. Obama where the plaintiff lost because they lacked legal standing.
Who tf dislikes an informative law video?
A resentful person, an angry person, or maybe a jealous person. Thanks for visiting my Channel.
cops 😂
@@GustitisLaw- For Federal Habeas Corpus - Do attorneys need to have access to the specific district court to file petition on behalf of an inmate ?
My name is Tim, my stepson was given back to back life for crimes he did not and could not have committed. He spent almost 4 years in jail awaiting trial. His attorney refused to even meet with him nor answer his phone calls nor letters. He had overwhelming, well documented evidence he was innocent. The two witnesses against him confessed to lying. When the prosecutor heard they were recanting their story she threatened them with 7 1/2 years in prison via email. His attorney did not call any witnesses that were willing to testify he did not even know them at the time. Court, employment records prove he was several hundred miles away. The judge, prosecutor and his attorney conspired to deny him his rights in retaliation for our protesting the corruption in family court and foster care. local attorney's are warned away from getting involved. We know this for a fact. Can someone file a writ without an attorney?
Absolutly, in fact most petitions are filed in proper person or by next friend. Don't sign anything except the petition. Good luck
@@branthonkanen8681 Where can I go to find a sample of a writ? Is there a format that one would have to follow? Thank you for getting back to me. God will bless you for all the help you give people.
Thanks for the information. More power and God Bless You!
Thank you for visiting and for your kindness.
I find it funny as one whom understands the inner world's laws of humanity and the natural mechanisty of the universe create the ahrimanic current of thought. Running opposed to this current which grounds the being within the physical. Is the Luciferic current which once waged a war of knowledge against love and now fights knowledge with love the love of the self and drive to perfect ones self's is where the Luciferic current resides . These are the 2 most known poles in human thought. The Luciferic current takes one away from the earth and the perfection found there when manifest here is evil. That being said the alternative is a numbed reality then you have beings such as me a pluralised I body and angel of death of the fifth dimension. True justice is automatic and instinctual but not uncontrollable
Maybe someone should’ve explained this to Obama when he suspended it so he could detain protestors without legal recourse so his buddies could build an oil pipeline over indigenous peoples drinking water.
I appreciate your visit and your comment!
@@GustitisLaw Thank You for educating people on their rights
Do you have to be on probation to do Habeas. I have 2 yrs left. I finished 3 years & wanted to apply for termination. I am a paralegal wrongfully convicted working as doctor's administratior. Was offered ARD & 2 yrs probation in 2017. Had nothing to do with being accomplice for writing meds.. Still fighting. Judge just rubber stamped for commonwealth. 3 bad lawyers representing me.
This was a great video. Thank you for your explanation and for breaking down the various parts associated with habeas corpus.
Glad you enjoyed it!
@@GustitisLaw if a person is charged and convicted with out proof of evidence and in federal jail could that person use the hearts corpus
@@francestatum3244 Yes they could. But they must prove the conviction resulted from a Constitutional violation.
Ohh thank you very much now I know what our dearest president duterte is talking about.
Duterte is awesome I hope his approach to drugs works for the Philippines.
Also thanks for the Video a ton of good Information...
You bet! I appreciate your kind words.
I am a pretrial detainee. I can satisfy the Strickland Test, Constructive Denial of Counsel, and Conflict of Interest to demonstrate a showing of Ineffective Assistance of Counsel...and the merits that I use to satisfy those clause are already on the record....I need my judge to conduct a hearing into my counsel deficient inadequate performance so it's on the record
🙏🙏🙏 💯 percent greatful I have overcome the world 🗺 Thank God for my pardon. 💯 percent greatful for my freedom.
Please address Psychological/mental confinement. Under whose authority can someone be confined, and what is the due process for such confinement?
Are you asking about a mental health patient confined for treatment against their will, without any criminal charges pending?
Im from Washington State i pled guilty to a dv 4th degree assault but iam innocent after the fact of being charged and pleading i was assaulted two times more by the same person the same prosecutor several different lawyers invetween due process violations to several judges with in a seven year period later no one would believe me i was told i was doomed and put on probation to go to mental health as a offender wich im not able to get the help i need futher abusing and causing me pain what do i do .im indegient and the lawyers i have been assigned wilk not go against them .wat do i do thare is proof thare is a problem .i also am a victim of human trafficking i have a fedral civil lawsuit in affect as we speak .thares gatta be a light at the end of this nightmare please help
Great content.. I'm currently serving a life without parole for a crime I didn't commit and no-one in my case died. This is very helpful. I wish that I could obtain your services but I am in SC.
I appreciate your kind words and I'm very sorry you are in this horrible situation. Have you contacted a good writ attorney to help you?
No I have been trying to find someone but haven't had any luck. Still looking bro.
@@deerfieldstreet7999 Yes, you need to keep looking. Finding one is very important!
Can you appeal? Did you take a plea?
Your exactly right!
Oh, thank you for what you are doing. I have a specific question. How would I get the question to you for consideration of a response?
Since my Channel was created to educate people, I prefer that questions be posed here in the comment section so everyone can benefit from the answer. If you want to hire me to represent you, then you'll need to call my office and schedule an initial consultation. Thank you for visiting!
If your under surveillance and not charged with crime. Can I file writ habeus corpus?
What about the restraint after conviction barring one from buying a gun? That’s a big one.
Hi just found this video and hope it will help me with subjects to give English Classes.
What can i do if i went through habeas corpus and it was proven my arrest and détention was illegal.And i signed an settlement and now the partner refuse to compensate me.
I don't understand how the habeas corpus relates to you not getting paid.
Thanks! This helped me tremendously with an essay I’m writing
Just after my divorce, my ex proposed a bargain where I should quit claim on my house AND agree to a protective order to stay away 500 yards for visitation of my children.
My lawyer advised me to agree to it.
As an afterthought I asked how long the protective order would last. In a saddened voice he said "IN PERPETUITY".
I found out later after many years, that that order is used to generate a bad NIC report from the FBI such that I can no longer buy a firearm.
I am an ex marine who served honorably, and my father was a marine on IWO GIMA in WWII.
Could a writ of habeas corpus be used to undo this protective order? Did this lawyer not fail to represent me?
Unfortunately, I must say I don’t know on both questions. I am not familiar with all the facts. The facts drive every case. Since I don’t know the facts, I cannot express an opinion.
Does HABEAS CORPUS apply during a State of Emergency?
Here's a excerpt from Wikipedia...
"Habeas Corpus has certain limitations. Though a writ of right, it is not a writ of course. It is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law, then Habeas Corpus may not be a useful remedy. In some countries, the writ has been temporarily or permanently suspended under the pretext of a war or State of Emergency, for example by Abraham Lincoln during the American Civil War."
All I'm familiar with is how it applies in the criminal justice system.
( im using my bf's email) :) I'll try to be as short as I can.i was in Mt daughters truck with my boyfriend ND a co-worker of his that asked for help with a ride because her car broke down. My license were suspended because of no insurance. We were pulled over by a Bay CO. ( I live in Panama city) Sheriff truck was my daughter's and was legal. I was told I was pulled over for driving to slow ( in town) in the left hand lane! Officer asked for my Dr license, which I gave to him. In turn he came back ND told me my lucky had been suspended. I told why ndcat that time he asked all 3cof us if we had any weapons or drugs that might hurt his safety? We all 3 replied No. At this time another officer pulled up ND walked around my daughter's truck twice! ( my daughters truck siits Very high up!) The two officers talk ND the 2nd one comes to the truck ask again about any drugs in the truck? We all say NO SIR! He says we'll MY DOG ( there was NEVER even a dog there!!) Smells drugs!! At which time I remembered in the center console of my daughter's truck. Her boyfriend live in boyfriend.
Has whatever for medical marijuana. Empty containers were in the center of console. I told the cop that's probably what the dogs melt. At which time he told me that his dog Could not smell for marijuana only methamphetamines.
And then ask us to step out of the vehicle at which time. They searched us me first. Nothing my boyfriend, nothing are passenger Who?
Had brought a backpack. I can into the vehicle when she got didn't researched upon being searched. The female officer talked to the officer that we were pulled over by and asked about the search. She said she couldn't search her all the way because she had a body suit on underneath her T-shirt and jeans. So that they searched that they searched the Truck.
Afterwards, they ask us all 3 again. Did we have any drugs or weapons in the car? I'll throw you that said no again. The dog inserts the inside of the vehicle came back out. Ask us again. Do I need to have drugs? And whose backpack was that in the backseat? I will throw you that said it didn't belong to us. Clearly clearly our passenger was lying it belonged to her.
So 2 officers speak to each other. Come back and go directly over to our passenger and ask her again. Does that backpack belong to you? She said no sir, and and he looks right at her and says. What would you say if I told you? I saw you take the drugs or some drugs. Add a backpack and lay them on the seat now. They've already searched her backpack down drugs inside her backpack and the drugs. She left on the pull aside. Individually.
And the officer the second officer talks to me and tells me that he found a baggy in My purse( a purse that had been in a tote that my daughter ND I keep at least 30 purses in) I had switched one 2 days before. ( my daughter had been incarcerated a couple of yrs before this for drugs) The officer showed me a little baggy with absolutely no drugs in it. Just residue at the very, very bottom all the way around. At that time, I explained to him that that was not mine and was unaware of how the fact that it was in my purse. Then I remembered there was a possibility that the person might be my daughter's and been left in there from a few years before. Again, I tell him that's not mine. He tells Me and demonstrates by rubbing his finger and thumb together at the top of the baggy and telling me, if any one little piece falls to the bottom, it is a felony. Otherwise it is just a misdemeanor charge. Asking me, do I want to go to jail? Or do I wanna go home? I say, of course, I wanna go home. I don't want to go to jail ex. Try explain again. That the purse was probably one that my daughter used a few years ago.And might have been left it in it by her.
He continues to tell me that he needs something from me It exchanged for him. Letting me go home and not to Jai. Ask what that is. He says on Wednesday.
Which was 6 days from that day? I will call you and at that time. You will give me a name of someone that. Buys or sales , a big amount Meth.i tell him don't know anyone like that. That we'd came ND he called I didn't answer he called again a few days later ! I didn't answer it. A month goes by I'm in a car my gf just balought ND she's pulled over cause she bought it from an Individual and hadn't been to the d.M vto tag her car yet I was unaware of the fact there was no tag on it.Officers at that time.
Which were panama city PD ask for our ID'S ND she was let go ND the arrested me for TWO WARRANTS!!!!! Apparently a charge and a methamphetamine charge!!
(2) charges and I was taking the jail!!!! 4 DAYS BEFORE I WAS BONDED OUT ND GIVEN A COURT DATE! I went to court given a court appointed lawyer ND the judge asked me if I had given a UA that morning? I told him I didn't know I was suppose to? He told me I either had to give one or I need to talk to my attorney. So I talked to my COURT APPOINTED ATTORNEY he tells me the state is offering me a deal! At the time those 4 days in jail had been so Traumatizing to me.
That I probably wasn't completely listened to all.Oh, what the deal the That the state attorney was offering....I TOOK IT! 1 YR PROBATION. 100 HRS COMMUNITY SERVICE.. ND DRUG TREATMENT. RANDOM UA'S ND 12OO DOLLAR COURT COST ND FINES!!!!! All of this was in June ND July of 2023. Two weeks before my probation was over I was Violated by my probation officeri had completed my care, which was the dog treatment? 12 classes 2 classes of AA. A or NA $100 committee service work paid some on the fines, but didn't have it. They still owe $558. So consequently she recommended to the judge tdad, I've been violated.
For not completing everything one month before my probation was over with!!! A few weeks later six officers Came to my house.And rested me for violation of probation!!! I spent 6 days in jail before being bonded out. When I went to court while in jail , the judge gave me basically Reinstatement of my probation nothing changed. I just had to complete all those conditions of my probation. I completed my drug treatment to our classes but didn't get the Certificate. I made a couple of appointments were unable to keep them because of transportation. I didn't pay all the money at the courthouse.
And I did community service hours all hundreds of them. But the church where I did the Mat didn't have some. Paper that the probation department needed because they weren't on the list on their list, which the church.
Minister Didn't know what I was talking about but was in the process.Trying to find out and and get the number.I guess it was for nonprofit or something.I'm not sure. Originally, I was held without judification, but that no longer existed because of the VO. P.
Since both of us my boyfriend and I lost our jobs. I was at my job for 26 years. Same job they closed it. I worked on and off from that time I was Charged and violated no work at all from March Till I was violated. We were a victim. I passed every way for a year essentially. I had completed everything so the judge said. Get it all finished, and as soon as you do. You'll be off probation, otherwise you're on probation for 36 months now. So about a month and a half ago we moved from one county To another where my daughter lives. We moved in with her. My boyfriend works for them. They have their own been a stay at home, mom, they have 2 younger children store at home. I help with them and all the home life.
The probation officer here. At My last regular appointment with my probation officerin Bay County.I told her we were moving because we were evicted from our home and she said, if we had to do a transfer of my probation which she did on the phone and explain.Ed , I had one hour to get from one county to another over an hour away but said I had to be there within An hour! I'm not gonna lie 2 days prior when we were given a vaccine. One of our, not so great friends LO. L stopped had heard of all of our bad luck. My boyfriend and I both smoked ( meth) w them!!! The DUMBEST THIBG I HAVE EVER DONE!!!! Consequently at least after giving an hour to get to the new pollution department the new p o violated for a dirty UA!!! She said she had.
To send it to the lab to confirm.It's been 6 weeks we just found out that there was a warrant.
Now the threatening to come.Get me and take me back to jail held without bond! I'm SCARED MD DONT KNIW WHAT TO DO??!!! A friend of Ibarra is telling me to go to Bay County where our chargers originated from enter myself and?
And go to first appearance And prove to the judge or Say the judge First object When I'm told why I am standing in front of him.
And then to say That I know that You're under oath that you took a note that you don't want to compromise compromise so let me ask you these poor things. 1.R U THE VICTIM 2. 3.DO I HAVE A CONTRACT WITH U. 4. ATE U MY ATTORNEY. That he he has to answer to all these questions. ND because of that they will have to release me from jail. IS THIS TRUE? IS THIS WHAT I SOULD DO? IM ALMOST 59 ND BEFOR ALL OF THIS I HAD NEVER BEEN IN TROUBLE MY WHOLE LIFE!!! I FEEL LIKE I MIGHT DIE THIS TOME IN THAT HORRIBLE PLACE!! OF YEA....my PO Is recommending to the judge that I attend a in jail drug rehab program for 4 months! Like I said, I don't think I can do that.And I don't think going to make it in that place especially for something that I really didn't do to begin with!!!! Sincerely, Rhonda ( please help!!)
what can i do if their was illegal search and motion to supress but had to still take plea in possession case
a RIT OF hc, IS THE POWER TO CALL ON ACTION TO CLOSE DOWN THE GOVERNMENT TO ARREST ALL PEOPLE THAT HAVE BROKEN THE LAW, SUCH AS tREASON, sEDITIOUS, ETC. iF IT ENDANGERS
AMERICAN LIVES, IT CAN BE CALLED!!! tO PROTECT THE CITIZENS!
But the government must have violated a person’s constitutional rights. The government has the right to limit freedoms under appropriate circumstances. For instance, your freedom of speech does not permit you to yell “fire” in a crowded theater.
Texas Case out of Collins: fiance is charged with pos of controlled substance > 2 gs. For a vape pen, although it is legal in Oklahoma where we lived at the time. Long story short got pulled over they found the vape pen with marijuana, he went to jail for the above charge. He was bonded out and the bondsman and the court appointed attorney know we are not from Texas. The first deal the DA gave us was 3 years mandatory jail years (on a first offense). Second deal is 2 years probation deferred. Fiance was supposed to sign for the probation in May but his father got sick and past away the following month. Now he is sitting in jail in Ms awaiting to be expedited back to Texas. Will the writ of habeas corpus help is to where he can be released from the jail in Ms and have "x" amount of time to get to Texas and signs for probation. Instead of waiting for almost 30 days for Tx to come get him???? If so how do we file because his court appointed attorney is out of Texas????????????? Help please I keep getting the runs around from each county ( Tx and Ms) sheriff's depart and county clerk's about necessary paper filled to even start the expedite. They keep blaming it on one another.....Will this writ habeas corpus get him released from the county thats holding him. So we can just drive to Texas to sign for the probation????
Since I don't know all the facts about his confinement, it's impossible for me to express a competent opinion. I wish I could give you more help.
Thank you, I will try this, as they have places a CBO (oRDER) on me and its been 3 years now where they will not let me upload vids to youtube about the abuse the UK POLICE, COUNCIL and COURTS are inflicting on me and the orders has obsen conditions in it. these conditions say i cannot email the police to complain and all my phones camera and sd cards have been taken so i cant film them and document there abuse... i will try this writ and see what happens. because the probation will not even reply to my complaints of unfare ORDER conditions that are mentally hurting me for over 3 years... no lawyers will help me and there is no advice out there... they put me in prison for sending one email asking for my things back...,. they beat me and damaged my shoulder by dragging me by my arm in cuffs.
I'm sorry you had to endure this situation. Thanks for visiting the Channel and contributing with your personal experience.
Texas Case : Appointed lawyer told her If She plead Guilty, She would be able to go home . 7 years now, my friend learning Charge can NOT be seal or expunged ( Child Endangerment/Child Abandonment) . Her son was not home alone . Can She appeal or should She ask for Writ of Habeas Corpus . Her 1st case , she was 21
Does your question apply to the sealing/expungement of records? If it does, the attorney is not required to advise their client of the possibly of sealing/expungement before a plea bargain is approved by the court. If she believes she was harmed in some other way, she can always hire a writ lawyer to investigate the case and determine if a writ might be appropriate.
Can this be a method used where one is jailed in one jurisdiction, and another puts a warrant out for failure to appear in another jurisdiction. I have a friend that has been entangled because while being locked up in Harris County, she couldn't appear in Montgomery County. Montgomery County placed a warrant out for failure to appear. After making bail, she got notice to appear in Montgomery County. When appearing, they arrested her for failure to appear. Now, she is currently locked up in Montgomery County, and recently got notice to appear in Harris County, but can't since she is locked up in Montgomery County. She is going to get a failure to appear, and a warrant will be issued for her in Harris County. She's stuck in this moronic loop between the two counties.
I don't know. Since I cannot conduct an independent investigation of the law and facts applicable to the case, it's impossible for me to express an opinion.
I have a case I would love to share with you and get your second opinion. I’d love to speak with you and if that’s possible I can share my phone number. This case I’m in involves a traffic stop, prolonged unnecessary stop “investigation”, cops using conduct unbecoming of an officer, Violation of South Carolina’s Truth to Arrest Act of 2006 which resulted in me basically being kidnapped and imprisoned, failure to Mirandize, bond extortion, harassment, prosecutorial abuse of power. That’s just the stop. There are so many more aspects dealing with my health, criminal record, negligence by Sentinel (a privately owned monitoring company the county and state contracts defendants on house arrest to), negligence by the detention center staff that nearly caused my death but did result in me having surgery that turned a small hole into a long scar and a port hole replacement that hurts constantly now. A warrant I was not given the chance to see when cops stormed my home and violated my 4th Amendment rights while they stood over me and my teenage son with their firearms drawn. The warrant is based on crappy “surveillance” statements and lies by the officer, people they arrested or pulled over for just coming down the street I live on that I don’t even know. People that they questioned and gave them my name and address. Like did you stop and such and such where B lives? Then giving them information about the case I’m facing because I rode in a car and stood up for mine and my friends rights. When they finished destroying my property (home and out building) on their evidence taken list it had NOTHING TAKEN. The first lawyer I had tried to get me to plead. I can’t. I took out a loan and paid a defense lawyer who also tried to get me to plead. I told him if I was gonna do that I wouldn’t have taken out a loan I’m going to struggle to pay back to hire you. By pleading the prosecutor offered me probation which I can’t pay, I don’t have a car so getting to probation and back home will be unconvincing for anyone who I asked for a ride so that’s both violation offenses which will land me in prison. Not to mention his plea is still a felony and that takes away my 2nd Amendment right which I had a CWP to carry but until this case is done I can’t have it or my firearm. My 2nd Amendment as a disabled person who has to use a device that is visible for anyone wanting and not wanting to do me harm to see. That at least gives me a deterrent or an equalizer which would be a last resort. The night that started all this I was with a friend so I left my firearm at home. Which I see as probably being a good slip of my memory in retrospect. So many ins and outs of this buffoonery I’m dealing with.
If you have a Texas case and would like to hire me to represent you, please contact my office to schedule a consultation in my office to discuss the case. My phone number is in the "About" section of my Channel.
IAM currently incarcerated in Mississippi illegally detained ,,IAM making a claim that I was not tried indicted or convicted as the judgment is void on its face for lack of jurisdiction because I was never indicted for the crime IAM in prison for my question is. Can a 2241 writ help me get relief or do I first have to present my claim through section 11-43-1 which is Mississippis state writ civil proceeding for pre conviction claims
Since I am not familiar with Mississippi state law on writs, I cannot speculate on their procedure. However, I can say that all Petitioners seeking federal habeas relief must first exhaust their state remedies.
one form of confinement you MISSED !
I was falsely scooped up on a bogus PEC, physicians emergency certificate and jammed up into a mental hospital.
Habeas corpus applies here as well
Thanks for your input on this thread!
I love your explanation so, clear thank You. Would you please tell me Writing a habeas corpus in California, can help someone that always declare innocent; spend since 18 years old to 33 years old in prison, under Brady case's by US authorities, prosecutor and miss representation. Can you suggest me something effective? Thank Youuuuu!!!
I can’t make suggestions without fully investigating the facts of the case.
I mentioned authority asked his relative DDA for assistance, with out mention the miss-representation of the defense attorney. Win those cases, confined 500 years full centency with special recommendations in prison for somone that always play innocent. In other words if the people is guilty, I don't see the necessity to asked for intervention of relatives' influence. For that I asked if Habeas corpus in California, can make any changes in this kind of situation, where were witness difamation, No discovered of evidences, etc etc. Thanks You so much for your honesty and kindness to answer my question and show me where is the light...
@@GustitisLaw thank You so much for your kindness to answer my question. this case is in California, for that I asked if the habeas corpus can help someone innocent, victim of US authority. Because he won the first case honestly. These US authority required his relative DDA participate in those cases to be secured to win those. With out mention the miss-representation of the defense attorney. Even more this U S authority extend a recommendation in the prison for this innocent individuo. Even all case's was judge under Brady v M corrupted actions.
@@diazmonik2916 A Brady violation might be the basis of a writ of habeas corpus since Brady relied upon the Due Process clause of the U.S. Constitution. I cannot comment on the innocence claim since I am unfamiliar with the evidence in this case.
Mr G. I recommended your channel to a dear friend who’s son seems to be unconstitutionally confined with an insane bond amount.
I’m talking a cool million Mr G.
Something about child porn possession. I feel so bad for her as a good Christian mother I’ve known for 50 years. The son is sick and needs treatment for sure but a bail of this size is surely unconstitutional. I wish I had more details but her lawyer has not provided her with discovery. This was last November. The lawyer should have given her discovery by now don’t you agree? Or maybe because she has not insisted it? I know the kid possibly has prior convictions possibly drug possession and prior child porn not sure so maybe there’s more to the story that I can comprehend but 1 million bond? Also she is running into the same old song and dance of court being delayed because of coronavirus just like I did. I have a hard time accepting people being locked up for vast amount of time without being allowed bond reduction hearing’s and other motions due to a pandemic. How is it that people can be held in jail indefinitely because of a pandemic especially when the federal government let out I believe 7000 people because of it only to , as of lately, recall them back to prison. This is a case in Illinois. I hear Illinois is quite corrupt so I don’t know if that has anything to do with it or not what are your thoughts?
Habeas corpus? 🙏 thx
Habeas corpus is the only vehicle by which the son can get a judge to hear his argument for a bond reduction. If denied, the ruling can be appealed immediately.
Is this different than an officers writ for a warrant? I was picked up by DPD the information on the writ was incorrect. My birthday was wrong and name spelled wrong. I went from a county jail to a detention center where I saw a magistrate who said because of habeous corpus she could not alter the bond alreAdy set by my judge. I sat from Thursday to Tuesday because they could not transport me because the information was incorrect. I had to beg a court officer to EVEN TALK to me. My name was still spelled wrong when I got to Wayne county where I had already missed another court date and was not rescheduled until Friday morning. Two days had gone by without a pin to use the phone. I was denied my medication for a week, and ended up in the mental health unit for observation. Do I have a lawsuit
I have no idea whether you have a lawsuit. Since I don't sue governmental agencies, that's not an area I can properly respond to.
my fiance is incarcerated in Kankakee Illinois he was released from Alabama prison October 30th 2019 they picked him up and took him to Illinois November 8th 2019 he washe was proven innocent of the charges in Illinois and has been waiting for Alabama to extradite him back for over 34 daysI have contacted the proboard the probate parole officer the prison and nobody seems to know when he will be expedited or exactly whose responsibility it is do you have any advice
I have no advice. Your best bet might be discussing the matter with your fiancé's attorney.
Thank you for this video, it was illuminating in many ways. Not just in what a writ of habeas corpus is, but further how it is applied in criminal law when there is suspicion of unlawful detention or restraint.
Of course. You are very welcome!
Video was exceptional. You were very cleat and understood all you were saying.agyer 50 plus years something I did as a juvenile. , had come back to hurt my. Although when I was waiting to be sent to a reformatory. An attorney came up and said he was getting me out on a writ of habeas corpus. My conviction was set aside, but recently discharged from employment, I’ve had all my life. I need help with this, o am unemployed, have PTSD as result of in- natural loss of only child, Do you think a lawyer will see me for a consultation. O have no monies available, paying everything on my own Thank you for your help and consideration.
I certainly appreciate you watching the video and I'm glad it was helpful. But if your conviction was set aside already, I do not think you need to file a writ of habeas corpus.
Where can I start...commitment fail my son and Attorney David Sharpio 😢 in Baltimore, MD
Daniel Elijah Andrews August, 1986 help!
What do you mean?