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Estimated time for a ruling

Victorville, CA |

My husband is an inmate in a federal correctional facility. If he filed a Writ of Habeas Corpus for over served time what is the general estimated time for the judge to rule on the petition. He filed it in June and it has been over a month since the respondent had to have an answer and my husband answered back. Everything is just waiting for a ruling. Just seeing the general estimate of time on items such as this, or if there is a motion that he can file to have the judge rule??? Thanks.

Attorney Answers 3

  1. Be patient. It is not uncommon for two months to pass. Be careful on pushing a judge to rule fast, as it may backfire. A judge who thinks someone in prison has a sense of entitlement is never a good thing. Be careful.

  2. I don't believe there is any set time limit for a ruling. But, if all that's happened if filing, reply and response, it sounds like there hasn't been any argument. Maybe a future date has been set for this. Your husband should consult his attorney

    The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

  3. Really, writs of habeas corpus filed when a person is in custody really do take a long time. You just have to be patient. It is not uncommon for such writs to take months to resolve.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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