How to file writ of Habeas Corpus? Friend hasn't seen his judge for THREE MONTHS...

[grndslm]

What is the name of your state (only U.S. law)? MISSISSIPPI

I need to do this ASAP, so if somebody could point me toward a template and tell me who I'd need to send this to, I would be eternally grateful.

The only thing I really know is that he's in jail in Harrison County correctional facility, was arrested by a deputy for for DUI refusal. I got the runaround when trying to find information about him, but eventually I discovered he had seen a judge on Sept 16 AND PLEAD GUILTY (*facepalm*)... he just hasn't seen his judge for his revocation hearing for parole violation.

From my understanding, he's supposed to go to the revocation hearing within 30 days!! Soo.. if anybody can point me in the proper direction, I'd be forever in debt to you.

THANKS A TON TO WHOEVER CAN HELP ME!!

 

[grndslm]

Would this work??

I'm sure there's something that's missing or incorrect, right?

And who is the real respondent? ... sheriff's dept? ... or county court?

Thanks again!!

======


December 7, 2009

PETITION FOR WRIT OF HABEAS CORPUS

PETITIONER: Jason V.
DEFENDANT: Aaron B.
-vs-
RESPONDENT: Harrison County Sheriff's Department

This petition concerns a revocation hearing for probation violation.

Aaron B. has been incarcerated for 82 days in the Harrison County Correctional Facility. He is in custody for a DUI refusal, which he plead guilty to. The DUI refusal turned into a probation violation. It is my understanding that an inmate must see a judge for his revocation hearing within 30 days. It has nearly been three times longer than that.

l, the undersigned, say: I am the petitioner in this action. I declare, under penalty of perjury under the laws of the State of Mississippi, that the foregoing allegations and statements are true and correct, except as to matters that are stated on my information and belief, and as to those matters, I believe them to be true.

December 7, 2009. . . . . . . . . . . . . . . . . . Signature of Petitioner: _____________________

 

[Zigner]

Let his attorney handle it.

 

[grndslm]

He has no attorney. Thanks.

Anybody else care to help me out? I do not consider "see an attorney" as good advice. Sure it's good for free, but I'm looking for somebody who's truly here to HELP. Thanks again!

Zigner: It's a piece of paper, man. It needs to be filed correctly one time. So if you can help me get to that point, great. Otherwise, don't rub in your apathy.

 

[grndslm]

WOW.... nobody here is willing to offer the optimum steps for such a procedure?

Amazing.

 

[Zigner]

He has no attorney. Thanks.

Anybody else care to help me out? I do not consider "see an attorney" as good advice. Sure it's good for free, but I'm looking for somebody who's truly here to HELP. Thanks again!

Zigner: It's a piece of paper, man. It needs to be filed correctly one time. So if you can help me get to that point, great. Otherwise, don't rub in your apathy.

YOU cannot file anything on his behalf. Why do you want us to help you in committing a crime?

 

[grndslm]

And if he gives me permission to file a writ on his behalf, then what?

What would you do if your mother were in jail for close to three months without receiving the due process that she has a RIGHT to?!?

 

[You Are Guilty]

And if he gives me permission to file a writ on his behalf, then what?

Then, unless your friend is the Governor and also gives you a pardon, you are liable to be charged with the Unlicensed Practice of Law.

What would you do if your mother were in jail for close to three months without receiving the due process that she has a RIGHT to?!?

Me? I'd file a writ, but then again, I am a lawyer so I'm allowed to. For everyone else? I'd hire a lawyer for them.

 

[Zigner]

Then, unless your friend is the Governor and also gives you a pardon, you are liable to be charged with the Unlicensed Practice of Law.

Me? I'd file a writ, but then again, I am a lawyer so I'm allowed to. For everyone else? I'd hire a lawyer for them.

He already addressed that...remember this little gem?

I do not consider "see an attorney" as good advice. Sure it's good for free, but I'm looking for somebody who's truly here to HELP. Thanks again!

 

[grndslm]

Then, unless your friend is the Governor and also gives you a pardon, you are liable to be charged with the Unlicensed Practice of Law.

Well... considering all power of the government is derived thru the will of the people alone... I'm not sure how this is a problem. Are you sure that this Unlicensed Practice of Law is not just a statute?

Where in the U.S. Constitution does it say that I cannot file a writ if granted permission from the defendant? All I see in the Constitution is that he has a right to "Assistance of Counsel for his defence". Nowhere in the Constitution does is mention anything of lawyers and attorneys.

 

[Zigner]

Well... considering all power of the government is derived thru the will of the people alone... I'm not sure how this is a problem. Are you sure that this Unlicensed Practice of Law is not just a statute?

Where in the U.S. Constitution does it say that I cannot file a writ if granted permission from the defendant? All I see in the Constitution is that he has a right to "Assistance of Counsel for his defence". Nowhere in the Constitution does is mention anything of lawyers and attorneys.

And with that, we're done here.

 

[ecmst12]

Only a licensed attorney can file ANYTHING in court on behalf of someone else. So there are no steps you can take. You CAN NOT do this. The only way you could help your friend would be to help him hire an attorney.

Plus, he pled guilty, so it's not like there are pending charges or anything like that.

 

[Zigner]

Only a licensed attorney can file ANYTHING in court on behalf of someone else. So there are no steps you can take. You CAN NOT do this. The only way you could help your friend would be to help him hire an attorney.

Plus, he pled guilty, so it's not like there are pending charges or anything like that.

See also: https://forum.freeadvice.com/civil-rights-discrimination-law-101/how-file-writ-habeas-corpus-friend-hasnt-seen-his-judge-three-months-495822.html#post2432010

 

[You Are Guilty]

I must be some kind of masochist.

Unlawful to practice law without license; certain abstract companies may certify titles

It shall be unlawful for any person to engage in the practice of law in this state who has not been licensed according to law. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished in accordance with the provisions of Section 97-23-43. [highlight]Any person who shall[/highlight] for fee or reward or promise, directly or indirectly, [highlight]write or dictate any paper or instrument of writing, to be filed in any cause or proceeding pending, or to be instituted in any court in this state[/highlight], or give any counsel or advice therein, or who shall write or dictate any bill of sale, deed of conveyance, deed of trust, mortgage, contract, or last will and testament, or shall make or certify to any abstract of title to real estate other than his own or in which he may own an interest, [highlight]shall be held to be engaged in the practice of law[/highlight]. This section shall not, however, prevent title or abstract of title guaranty companies incorporated under the laws of this state from making abstract or certifying titles to real estate where it acts through some person as agent, authorized under the laws of the State of Mississippi to practice law; nor shall this section prevent any abstract company chartered under the laws of the State of Mississippi with a paid-up capital of Fifty Thousand Dollars ($50,000.00) or more from making or certifying to abstracts of title to real estate through the president, secretary or other principal officer of such company.

Mississippi Code: http://www.mscode.com/free/statutes/73/003/0055.htm

 

[Zigner]

I must be some kind of masochist.



Mississippi Code: 73-3-55. Unlawful to practice law without license; certain abstract companies may certify titles [Repealed effective December 31, 2006].

But, gosh-darnit! That isn't in the US CONSTITUTION - why should our OP have to abide by it?!?