Legal Question in Criminal Law in Massachusetts
Habeas Corpus?
Hi..can you tell me what form I need for this situation? My husband is incarcerated for an offense but has 2 warrants in the next city for a separate incident. We would like to resolve these warrants now while he is serving his time on the original offense & if possible would like to do it ourselves. Thanks for your advice.
2 Answers from Attorneys
Re: Habeas Corpus?
He needs to file "Speedy Trial" Motions from the jail/prison. His case worker will have the forms. However, most courts are notorious for delaying on these motions. It would also be helpful if you went to the actual court and asked them if you could file a motion on his behalf and ask that it be marked for a hearing, making sure to inform them where your husband is serving his sentence. If they don't have a form for you, you can contact me.
Dan Maloney
Re: Habeas Corpus?
Your husband can file his own habeus papers form prison to get himself brought into whatever court he has outstanding warrants in. They have the paperwork there.