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How to file a writ of habeas corpus if you are in jail in Salisbury Maryland.

Salisbury, MD |

My friend has seen no search warrants or evidence and has been held without bail on drug charges. He needs to file a writ of habeas corpus. How can he go about this while he is detained? He currently has a public defender, which he has not seen.

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Attorney answers 5

Posted

He needs to discuss this with his lawyer. A writ of habeas corpus may not be the appropriate avenue of relief.

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Posted

Only he or his attorney may do so. He should contact his attorney.

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Posted

A petition for a writ of habeas corpus is a complicated matter to handle. Your friend may attempt to file one on his own (perhaps with the assistance of the law library, if one is available). The better course of action is for your friend to try and make contact with his or her public defender for assistance with this matter.

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Posted

You seem to say that the criminal matter is still pending in trial court. If so, avenues beyond habeas corpus may be available for seeking relief. Not receiving discovery from the prosecutor yet does not automatically guarantee him relief. All the best to your friend. Jon

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Posted

This is not a circumstance that sounds like a habeas corpus issue, at least not at this stage; rather, if your friend has been charged with criminal offenses, and the judge either denied bond or has set the bond too high for him to meet, then he needs to file a motion to reconsider his bond status. Requesting a writ of habeas corpus is something you do when a person is being held without being charged with anything, or is otherwise in some sort of legal limbo where no case or hearing dates are scheduled and moving forward. His PD probably has the charging documents and other relevant evidence, or will have it all soon. Although it is sometimes difficult to contact the PD in charge of his case from jail, there are avenues to do that or at least to leave a message, and the PD schedules visits with all defendants whom they represent.