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How quickly does a Write of Habeas Corpus work?

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Shadesy

Junior Member
What is the name of your state (only U.S. law)? Missouri

A friend of mine was taken away last week in a small town crooked court. His charges dealt with a probation violation from 10 years ago that he was completely unaware of. His lawyer resigned the day before his court date and he appeared at the hearing in want of council. The judge did not appoint him one and threw him in jail. Another lawyer friend is filing a writ of Habeas Corpus for among many other things, the right to council. Does anyone know, once the court receives the writ, how long the process takes for him to be released? Even a half honest judge will see that his constitutional rights have been violated. Thanks for the help!
 


FlyingRon

Senior Member
Writ not Write.
Counsel not Council.

Generally, probation/parole violations are different as you have already been convicted of the original crime, so the lack of counsel isn't going to keep him from getting locked up. The new counsel's writ generally can get acted on as soon as he can get it before a judge (typically a couple of working days) and if the judge finds it founded, he'll be out shortly thereafter.

I'd avoid challenging the competency or honesty of the judge. Your idea of your friends rights probably is NOT grounded in Constitutional law.
 

tranquility

Senior Member
The writ means, literally, bring me the body. In other words, a person being held by another (usually a sheriff or jailer) receives a court order to present the person named in the writ to a judge.

It does not get a person out of jail (except temporarily), it only gets the person the right to be heard by the judge. Whether to be heard for some violation of his due process or to be seen to show the evidence of abuse or whatever, it only gets the person in front of the judge.

I don't see the writ as relevant here. It seems like an appeal or a motion to reconsider is better. But, I'm sure each area has different rules. Bottom line, just because the writ is successful does not mean your friend gets out.
 

Shadesy

Junior Member
Thanks for the reply. I can't even begin to explain how crooked this court and the judge has been in this case. It is too long to try and explain in this forum but trust me when I tell you the truth will set him free. He and his lawyer agreed to resign/let him go because his lawyer is in the judges pocket and refuses to do the right thing. Therefore he showed up at his hearing in want of council to fight this correctly. Judge says too bad. That is a clear violation of right to council and I am positive aborted judge will see it that way. I just wonder how long he will have to sit in county jail before the writ is seen by another judge.
 

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