Can I file a habeas motion if I have been sentenced but not currently in custody, criminal case in district court?
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Can I file a habeas motion if I have been sentenced but not currently in custody, criminal case in district court?
And if yes, to whom would I file the motion?
Asked on September 18, 2013 under Criminal Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you are writing about a writ of habeas corpus concerning your criminal matter where you are not incarcerated, you can file one under the law but it will be denied. The reason is that such a writ mandates that the person filing it to be jailed.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you are writing about a writ of habeas corpus concerning your criminal matter where you are not incarcerated, you can file one under the law but it will be denied. The reason is that such a writ mandates that the person filing it to be jailed.
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