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Statement of Trust Fund Account form. INSTRUCTIONS I Preliminary Considerations before Filing a Habeas Corpus Petition Prisoners being held under a state criminal conviction may file a federal petition for writ of habeas corpus under 28 U.S.C. 2254 to challenge the validity of their conviction or sentence. The object of a habeas corpus petition is to obtain release from custody. 2241--2254 Rules Governing Section 2254 Cases Federal Rules of Civil...
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in today's video we will answer a recent question from one of our viewers what is a writ of habeas corpus and how can it be used to help a person who is confined or restrained by an agency of the government the answer to that question is coming right up Music welcome Dukas titus law if this is your first visit here I'm Steve Gus Titus and this is my channel our passion here at Gustavus law is to provide you with weekly videos about how to effectively navigate the criminal justice system how to defend criminal charges and how to manage encounters that you may have with the police if you subscribe to the status law and click on the bell you'll receive notifications whenever we upload a new video and I also enjoy answering your questions and responding to your comments so add those down in the comment section below habeas corpus is what's called an extraordinary remedy and used to challenge the lawfulness of a person's confinement or their restraint habeas corpus is essentially a command from a court with proper jurisdiction to anyone who has a person under confinement or under restraint the writ of habeas corpus applies to all confinement that is applied without lawful right or that is applied in an unapproved manner or degree importantly the terms confinement and restraint are interpreted broadly when talking about habeas corpus a few examples will help illustrate that concept example number one a person who was in jail unable to make bond pretrial is a person confined or restrained example number two a person who has made bail pretrial but is subject to court-ordered bond conditions like curfew or driving restrictions that person is also confined or restrained in their Liberty a third example of a person who is confined or restrained is the person who has pled guilty pursuant to a plea bargain and has received a suspended sentence of probation subject to court-ordered conditions that person is under restraint and of course a fourth example is a person who is convicted after trial and is serving prison time of course that person is confined in their liberty as well consequently whenever the restraint or confinement is illegal or done in an unapproved manner the person who is restrained can challenge that restraint using the writ writs of habeas corpus are broken down into two general categories number one our pre-trial writs and number two our post-conviction writs let's take a look first at the pretrial risk of habeas corpus a pre-trial writ can be used to obtain a bond or a reduction of bond after a person is confined in jail following an arrest pretrial if the offense for which the person was arrested is available under state law the person can use the writ of habeas corpus to get a court hearing and get review of either the amount of the bond or the failure of the court to set a bond another example of the use of a pretrial writ of habeas corpus as after a person has been arrested they've made bail and now been...