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I am trying to file a writ of habeas corpus for my brother that is incarcerated in wayne county jail. i need help filling it out
Anonymous2 views3 answers
he is in wayne county jail, the other case is in macomb county. he sent me the writ in the mail so i could fill it out for him and send it to the macomb county circuit court. he believes that the open charge is holding him up from being sent to his treatment program. i just need help filling in the blanks
There are two types of habeas corpus writs, each of which applies to certain situations. There are many situations where habeas corpus would not be appropriate (or would have no chance) at all.
A federal petition for habeas corpus is filed after a conviction and sentence in state court, and after appeals in state court. It raises complaints that the state court acted unconstitutionally in one or more ways. It is highly complex.
A state habeas corpus has a very limited scope. Normally, you would use it to complain of things like: person held longer than 72 hours without any court order; person held longer than sentence imposed by judge; person held is not the person the judge intended in the court order; person held on case after case was dismissed; officers will not bring defendant to court on court date, etc. You cannot use it to complain about insufficient evidence, holding defendant on high bond or without bond, unfair court procedures, unconstitutional statute, etc.
There would need to be a very, very good legal basis for a judge to dismiss the case in Macomb County. The fact that it interferes with something else the defendant would like to do is not a legal basis at all.
Most of the time some different type of motion is needed by a county jail prisoner. Examples of more typical motions might be: motion to quash, motion to lower bond, motion to suppress for illegal search, motion to exclude evidence, motion to dismiss for violation of right to speedy trial, etc. Without more information I cannot tell you what the prisoner needs. It almost never is the case that filling out a form is sufficient, unless the only goal is to get the prisoner transported to a courtroom.
There is not enough information in your posting about the status of each criminal case to give accurate advice, but based on some educated guesses at what is going on here, I agree with the prior response. A writ of habeas is not going to accomplish the desired result.
Your brother would be best served by consulting with an attorney rather than a jailhouse lawyer. A lot of inmates think they know the law, but they can give very very bad advice that will just aggravate the judge if it results in filing frivolous pleadings. Licensed attorneys can visit inmates at the Wayne County Jail at any time. Normal public visiting hours do not apply. If the family can afford to hire an attorney for a consultation trip to the jail to assess what is going on, your brother would be better served than by filling out forms he's located in the jail law library.