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Writ Habeas Corpus In English In Bronx

State:
Multi-State
County:
Bronx
Control #:
US-000277
Format:
Word; 
Rich Text
Instant download

Description

This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.

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FAQ

A successful Writ of Habeas Corpus in California can achieve one of the following: Release the defendant. Reduce the defendant's sentencing. Make changes to the defendant's sentencing conditions.

Typical examples where a court has granted a habeas corpus petition include claims of new evidence discovered in the case, ineffective assistance of counsel, prosecutorial misconduct, incompetence to stand trial, and challenging conditions of confinement.

A Writ of Habeas Corpus literally translates to bring a body before the court. A writ is an order from a higher court to a lower court or government agency or official. When you file a petition for a Writ of Habeas Corpus, you are asking the court to order the government agency to appear and bring you before the court.

State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.

A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).

Grounds for a writ of habeas corpus in New York exist when a person is unlawfully imprisoned or detained. A writ of habeas corpus is a limited remedy in New York compared to other states and the federal statute authorizing the writ. Most challenges to a conviction are accomplished by appeal or a CPL 440 action.

A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).

—The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information ...

More info

Contact an award-winning Writ of Habeas Corpus lawyer today. Where do I file a notice of appeal?Where do I file a post-judgment motion? A Writ of Habeas Corpus is a civil proceeding that is available in both State and Federal Court to challenge the legality of imprisonment. Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241. Download. Any defendant who has been convicted of a New York state crime in a proceeding should be aware of their right to file a petition for a Writ of Habeas Corpus. Habeas Corpus, in the Federal Court, is a petition that claims that you are being detained against your US constitutional rights. A seasoned New York habeas corpus lawyer can guide and represent you in the filing and litigation of a motion for a writ of habeas corpus. Please note: This form muST be completed in English. This online program from Family Legal Care guides you through filling out a Petition for a Writ of Habeas Corpus.

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Writ Habeas Corpus In English In Bronx