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Writ Petition Examples In Miami-Dade

State:
Multi-State
County:
Miami-Dade
Control #:
US-000277
Format:
Word; 
Rich Text
Instant download

Description

The Petition for Writ of Habeas Corpus by a Person in State Custody is a legal form utilized in Miami-Dade that allows a convicted individual to challenge the legality of their detention. This form is based on 28 U.S.C. Section 2254 and is specifically designed for individuals who claim their rights were violated during their trial or sentencing process. Key features of the form include sections to detail the petitioner’s identity, incarceration details, the grounds for relief, and a request for an evidentiary hearing. Filling out this form requires precise information about the petitioner’s conviction, mental health status, and any previous legal actions taken, such as post-conviction relief applications. Use cases for this form are particularly relevant for attorneys, paralegals, and legal assistants representing clients facing significant mental health challenges or those claiming ineffective assistance of counsel in their criminal cases. Legal professionals must ensure clarity and completeness in the information provided to increase the likelihood of a favorable outcome in court. This form acts as a vital tool to advocate for clients' rights and challenge unjust legal outcomes in the court system.
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  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel
  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel
  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel
  • Preview Petition For Writ Of Habeas Corpus By Person In State Custody - Lack of Voluntariness - Ineffective Assistance of Counsel

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FAQ

By dialing 311 or 305-468-5900 (outside Miami-Dade County), you can receive personalized customer service in English, Spanish or Haitian Creole.

To make a request contact the Clerk's office by mail or in person at Miami-Dade County Courthouse or by email at cocoffrec@miamidade.

Steps to file a mechanics lien in Miami-Dade County Step 1: Get The Right Form & Meet Margin Requirements. Step 2: Calculating Your Miami-Dade County Filing Fees. Step 3: Serve the Mechanics Lien. Step 4: File your lien with the Miami-Dade County Clerk.

Writ of Execution This is only effective if you obtain an Instruction for Levy form from the Sheriff's Office. Complete it, provide the description and location of the property the sheriff can take from the defendant and put up for auction.

By Florida law, the Clerk of Courts in each county is the official custodian of court records. Click here to access the Clerk's Online Services, including official records, civil/family/probate cases, criminal cases and traffic cases, or you may call the Clerk's 24-hour voice response system at (305) 275-1155.

Writ of Certiorari. This is the most frequently issued writ in Florida. Generally speaking, a writ of certiorari is used to remedy an action taken by a lower tribunal that exceeds the lower tribunal's authority or otherwise departs from the essential requirements of law, when no other alternative legal remedy exists.

To make a request contact the Clerk's office by mail or in person at Miami-Dade County Courthouse or by email at cocoffrec@miamidade.

Writ of Execution This is only effective if you obtain an Instruction for Levy form from the Sheriff's Office. Complete it, provide the description and location of the property the sheriff can take from the defendant and put up for auction.

(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file the petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge.

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Writ Petition Examples In Miami-Dade