filing

is it a good idea to file a habius corpus in federal court along with a motion to hold it inobeyance until all issues are exhausted in the lower state courts

Asked on May 22, 2009 under Criminal Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

That is not a question that should be responded to either way unless someone has reviewed your particular case, the charges, your priors, any relationship or similarity of any priors to current charges, why you are seeking habeas corpus, etc.

You may be able to file but it may be kicked back because state court hasn't been exhausted.

It truly depends on your circumstances.  Have you spoken with or conferred with your public defender?  Do you have private counsel? If not, think about consulting with a private criminal defense attorney.  Try www.attorneypages.com and then check his or her record at the Florida State Bar.


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.