Do you need a lawer to file a motion for bond or a habeas corpus?

UPDATED: Aug 20, 2011

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Do you need a lawer to file a motion for bond or a habeas corpus?

My sons father was arrested for supposedly selling an ounce of pot. He made his $5000 bond. And they seized his truck. Then on his arraignment he was rearrested for a warrant on violation of federal probation for another state. It has been 30 days sense he has signed the extradition warrant and the have yet to come get him or give him a bond hearing. I was then told they had no intentions of coming to get him until this county is finished with him, because they need to know what to violate him on.

Asked on August 20, 2011 Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your son's father wish to file a writ of habeas corpus to get himself out of jail, he is entitled to do so on your own in that is your Constitutional Right. However, the filing of such a writ is a complicated and time consuming process that most people retain a criminal defense attorney to do the actual drafting, filing and arguing of the writ.

Given the situation that you have written about, I suggest that a criminal defense attorney be consulted for the writ that you are writng about.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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