Full question:
I have a family member who has been accused of criminal mischief for damage to a truck. The truck belonged to her husband which is the son of the accused. the accuser was separeted at the time from her husband and still are today. The title was never transfered into either of there names and was not in the accuser's posetion at the time of the insudent charge's was not for three month's later. Is there a form of habus corpus that I can fill out and present to the judge on this matter?
- Category: Criminal
- Subcategory: Habeas Corpus
- Date:
- State: Texas
Answer:
The following is a Texas statute:
Art. 11.14 CODE CRIM. P. [126] [174] [164] Requisites of petition
The petition must state substantially:
1. That the person for whose benefit the application is made is
illegally restrained in his liberty, and by whom, naming both
parties, if their names are known, or if unknown, designating and
describing them;
2. When the party is confined or restrained by virtue of any
writ, order or process, or under color of either, a copy shall be
annexed to the petition, or it shall be stated that a copy cannot
be obtained;
3. When the confinement or restraint is not by virtue of any
writ, order or process, the petition may state only that the
party is illegally confined or restrained in his liberty;
4. There must be a prayer in the petition for the writ of
habeas corpus; and
5. Oath must be made that the allegations of the petition are
true, according to the belief of the petitioner.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
