Hey everyone. I’m trying to help my friend who’s in prison. I’ve got documents that show his original child support case was closed, plus a transcript where the wrong inmate was brought to his hearing, but the judge still gave him probation instead of letting him out. This got violated just because he couldn’t do a urine test one day. I’ve heard of a few legal moves like post-conviction relief, a motion to vacate, and habeas corpus, but I’m lost on which one’s best for a quick release. Any thoughts?
Sounds rough… I’ve heard that a post-conviction relief (PCR) motion could work, but it’s kinda slow. It argues that rights were violated during the trial. Have you thought of trying that?
Wynn said:
Sounds rough… I’ve heard that a post-conviction relief (PCR) motion could work, but it’s kinda slow. It argues that rights were violated during the trial. Have you thought of trying that?
Yeah, someone mentioned PCR to me, but I wasn’t sure about the time it takes. Any idea how long it could be?
Wynn said:
Sounds rough… I’ve heard that a post-conviction relief (PCR) motion could work, but it’s kinda slow. It argues that rights were violated during the trial. Have you thought of trying that?
It can take a few months since it goes over the case in detail. Not super quick, but it addresses stuff like missing rights during trial.
Honestly, habeas corpus might work too if it’s urgent, but it’s a long shot since courts see it as a last-resort thing. They usually want to see other options tried first.
Carter said:
Honestly, habeas corpus might work too if it’s urgent, but it’s a long shot since courts see it as a last-resort thing. They usually want to see other options tried first.
Wait, habeas corpus? What’s that again?
Carter said:
Honestly, habeas corpus might work too if it’s urgent, but it’s a long shot since courts see it as a last-resort thing. They usually want to see other options tried first.
It’s a petition saying someone’s being held illegally. Meant for cases where rights are really ignored, but judges prefer you try other stuff like PCR first.
You could also try a motion to vacate judgment if there was a clear error in the process. Since your friend wasn’t even there for his own hearing, this might be a solid route.
Hayes said:
You could also try a motion to vacate judgment if there was a clear error in the process. Since your friend wasn’t even there for his own hearing, this might be a solid route.
Good point! That hearing was messed up. Would a motion to vacate be faster than PCR?
Hayes said:
You could also try a motion to vacate judgment if there was a clear error in the process. Since your friend wasn’t even there for his own hearing, this might be a solid route.
Probably similar timing, but depends on the court. You’d still need to show strong evidence of the error.
Have you looked into legal aid groups? Some might offer pro bono help for stuff like this.
Jackteagarden1 said:
Have you looked into legal aid groups? Some might offer pro bono help for stuff like this.
Oh, I didn’t think of that! Any suggestions on where to start?
Jackteagarden1 said:
Have you looked into legal aid groups? Some might offer pro bono help for stuff like this.
Try Ohio Legal Help or the Ohio Bar Association’s pro bono programs. They’re pretty good resources for finding free help.
If you’ve got the paperwork showing those mistakes, that’ll def help in court. Documentation is key with any of these motions.
Quincy said:
If you’ve got the paperwork showing those mistakes, that’ll def help in court. Documentation is key with any of these motions.
Good to know, I’ve got everything ready. Just need to pick the right route now.
Quincy said:
If you’ve got the paperwork showing those mistakes, that’ll def help in court. Documentation is key with any of these motions.
You’re on the right track. Whatever you go with, the docs should back up your case .