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 7 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 7 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.


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 AttorneyPages.com 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.