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

So.. Wikipedia seems to be very clear in that there is NO LIMIT as to who can file a writ of habeas corpus.

Habeas corpus - Wikipedia, the free encyclopedia

These quotes are only from the Intro...

... is a legal action, or writ, through which a person can seek relief from their unlawful detention or that of another person.

The prisoner, or another person on his behalf (for example, where the prisoner is being held incommunicado), may petition the court or an individual judge for a writ of habeas corpus.

When the original 13 American Colonies declared independence and became a constitutional republic in which the people are the sovereign, any person, in the name of the people, acquired authority to initiate such writs.

Failing this, the court must decide for the petitioner, who may be any person, not just an interested party.

The MS Code that someone else has pointed out to, "Unlawful to practice law", appears to clearly be someone who is RECEIVING something in return. I am receiving nothing in return, other than hopefully getting my friend out of jail. There is no commerce involved here. I am merely fulfilling my DUTY as a friend.

Soo... if anybody can tell me if there's anything I should add to this, then please speak up soon...

===================
December 8, 2009

PETITION FOR WRIT OF HABEAS CORPUS

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

This petition concerns an inmate who is long overdue to see a judge.

Aaron B. has been incarcerated for 82 days in the Harrison County Correctional Facility.

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 8, 2009 . . . . . . . . . . . . . . Signature of Petitioner: ___________________

===================

 

[ecmst12]

Your question was answered in your other post.

A statute is a law. You want to break the law. Go to law school, pass the bar, then you can represent someone.

Starting a new thread is not going to change your answers.

 

[racer72]

You still have to be a lawyer to file the writ. The "no limit" means that any attorney, not one hired by or for the defendant, can file the writ.

The mod has been asked to close this thread like the other, your questions have been answered and they have not changed.

 

[grndslm]

I am not HIRED, tho. That's what you're not understanding.

Would you say that your mother hired you to file your writ of HC?!? No... you do it because it's your DUTY as her child.

It's also in the state's best interest to make sure they're not violating anybody's rights, right??

 

[ecmst12]

It doesn't matter whether you're being paid. You're not qualified to represent anyone else in court. The reason it's against the law is to protect your friend's rights so that you don't butcher the case because you don't know the law. Your friend has the right to be represented by a qualified attorney.

 

[grndslm]

He also has a right to due process, which he's not getting!!!

There's no possible way that I can screw this up for him. It's not a contract. It's an investigation, which only benefits everybody involved.

 

[You Are Guilty]

How's this - write it for him and let HIM file it. Problem solved.

 

[grndslm]

What a brilliant idea!

Soo... ignoring the names and pronouns, is there anything you'd change about the writ?

 

[Some Random Guy]

"...who is long overdue to see a judge."

And I'm overdue for a haircut - so what?

That's why an attorney might want to glance at this. You have failed to state any LEGAL reason why the judge should care. What law or rule has been violated by this delay? Don't make the judge research the issue to find out what is going on.