Unlawful Detention Legal Options

Summary

Kristie has been detained for four years without a conviction in Texas. She feels her rights are being violated as her judge doesnt rule on motions, and her court-appointed attorney isnt fighting for her. Options include requesting a new attorney, filing a habeas corpus petition, and contacting organizations like the Texas Civil Rights Project. Lack of probable cause, prosecutorial misconduct, and police misconduct can be grounds for habeas corpus. Excessive use of force may violate Fourth, Eighth, and Fourteenth Amendment rights.

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I’m from Texas and I’ve been in jail for four years without a conviction they are violating my rights but my judge doesn’t rule on any motion at all and my lawyer isn’t fighting for me I have a court appointed attorney
Hi****, I'm sorry to hear about your situation. In Texas, the "Speedy Trial Act" is in place to prevent undue delay, but exceptions do exist. It might be beneficial to:
- Request a new attorney if you feel your current one isn't advocating for your rights.
- File a complaint with the Texas State Commission on Judicial Conduct if you believe your judge isn't fulfilling their duties.

Remember, this is general advice and doesn't replace professional legal counsel.
Is there anything else I can do or my family can do or file so I can get out of here
Your family might be able to help by:
- Hiring a private attorney for you.
- Filing a "habeas corpus" petition, challenging your detention.
- Contacting local legal aid organizations for assistance.
Remember, these are general suggestions and don't replace professional legal advice.
But legal aide doesn’t help in criminal cases
You're right,****. Legal aid often doesn't cover criminal cases. However, there are organizations like the Texas Civil Rights Project and the Innocence Project of Texas that might be able to assist. Also, consider a "Writ of Habeas Corpus" application, challenging the legality of your detention.
But the judge won’t rules for me to be able to appeal with a writ of Habeas corpus
I'm sorry to hear about your situation,****. If your judge isn't ruling on your "Writ of Habeas Corpus", you or your family could:
- File a complaint with Texas Commission on Judicial Conduct.
- Seek help from organizations like Texas Civil Rights Project and Innocence Project of Texas.
- Hire a private attorney to further investigate this matter.
Remember, these are general suggestions and don't replace professional legal advice.
Do I have to get a motion denied before I can file a writ
In Texas, you do not necessarily need to have a motion denied before filing a writ of habeas corpus. However, it's best to consult a legal professional for advice tailored to your specific situation.
I was arrested on a warrant that in the affidavit no where states I was involved until at the end the detective states hehad an anonymous call
It's essential to consult a legal professional since the validity of your arrest warrant can be challenged if it's based solely on an anonymous call. Texas law requires probable cause, which needs more than just an anonymous tip. This could be a potential defense strategy.
Yes but my attorney won’t fight for me who can my wife write to about this can she write to the court for me and put it all in a letter because I’m afraid that I won’t have saved for error in appeals if not brought up now
Your wife can write to the Texas State Commission on Judicial Conduct to report your concerns. She can also write to the court, but it would be more effective if done through a legal professional. Remember, this is general advice and doesn't replace professional legal counsel.
Is no probable cause reason for Habeas corpus
Yes,****. Lack of probable cause for arrest can be a ground for filing a writ of Habeas Corpus. This challenges the legality of your detention. It's advisable to consult a legal professional for detailed advice.
If a probable cause is not under oath does it invalidate the warrant
In Texas, a probable cause affidavit generally needs to be sworn under oath. If it's not, this could potentially invalidate the warrant. However, the specifics can vary, so consulting a legal professional is crucial.
Is lack of speedy trial grounds for Habeas corpus
Yes,****. In Texas, violation of the right to a speedy trial can be a ground for filing a writ of Habeas Corpus. It's advisable to consult a legal professional for a thorough understanding of your situation.
Prosecutorial misconduct falsifying government documents grounds for
Yes,****. In Texas, prosecutorial misconduct, including falsifying government documents, can be grounds for filing a writ of Habeas Corpus. It's crucial to consult a legal professional for guidance specific to your case.
Bpolice misconduct for executing a warrant without probable cause grounds
Yes,****. In Texas, police misconduct, such as executing a warrant without probable cause, can be grounds for filing a writ of Habeas Corpus. Consult a legal professional for guidance specific to your case.
What do u call it when a probable cause is only under and unknown informant stating nothing about credibility offers Hearst on hearsay
If a probable cause is based solely on an unverified informant's statement, this might be considered "hearsay." Texas law requires more substantial evidence for probable cause. It's advisable to consult a legal professional for guidance specific to your case.
Can u explain the Texas laws on hearsay in probable cause
In Texas:
- Hearsay can be used to establish probable cause.
- The reliability of the informant and the basis of his knowledge must usually be shown.
- However, corroboration of details can overcome these requirements.

These are general principles and may not apply to every situation. Please consult a legal professional.
What is corroboration mena
Corroboration in legal terms refers to the confirmation or support of a statement, theory, or finding by providing independent evidence that strengthens or confirms the initial information. It's often used to help establish probable cause. Always consult a legal professional for advice tailored to your situation.
What right is violated in excessive use of force
Excessive use of force by law enforcement may violate the following rights:
- Fourth Amendment: Protection against unreasonable searches and seizures.
- Eighth Amendment: Protection against cruel and unusual punishments.
- Fourteenth Amendment: Right to due process and equal protection under the law.
Remember to consult a legal professional for advice on your specific situation.