I have a friend whose in prison&wants to know how he can get out on a habeous corpus, can anyone tell me how 2

Question

He was found guilty of 4 out of 6 charges and got 8 yrs. 5 years was for a felony for terroristic threats of which he said he never did. He rearended a harley when the harley driver slammed on brakes infront of him while he was fixing to make a left turn. The harley driver then got off the bike and reached inside his car and punched him so he backed up and rammed into someone behind him trying to flee and then ran over the bike and went home. The cops came almost 5 hrs later and by that time he was drunk and registered a .08.... So, he got 1 year for dui and 1 year for improper backing and 1 year for fleeing the accident without returning. He wants to get out of prison on a Habeous Corpus and would like to know about how to do so. Is there anyone that can offer any help to tell me how he can do so and then I can write him and let him know? Please help, this is a really nice guy and my friend and I really want to help him. Thank You for your help..

Answer 1

Habeas corpus proceedings are frequently filed by prisoners who claim they are wrongfully imprisoned after the courts made a factual or legal error. There are many legal requirements to meet when filing a petition, including exhausting all other legal appeals first.

While the procedure is available to protect the constitutional rights of the accused against abuse by the courts, most petitions do not succeed either because they are improperly prepared or because the court reviewing the petition decided 1) that no error occurred at trial, or 2) any error was "harmless" and should not affect the outcome.

If your friend wants to pursue this, he needs an appellate lawyer.

Answer 2

The person he should be asking is his attorney. I suggest you ask an attorney exactly what a writ of habeas corpus is.

Answer 3

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