This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Writ For Assistance In Nassau
Category:
State:
Multi-State
County:
Nassau
Control #:
US-000277
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
A writ of assistance is an order directing that a party convey, deliver, or turn over a deed, document, or right of ownership. This writ, which may also be called a writ of restitution or writ of possession, usually serves as an eviction from real property.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
A writ of assistance is a court order directing law enforcement officers to take action to enforce a court's decision. In emergency custody cases, courts usually issue this writ to ensure the transfer of a child to the person with custody.
Writs of assistance are valid from the date of issue and cease to be valid six months after the end of the reign of the monarch under which the order was issued.
One example of a writ of assistance would be the Malcolm Affair. In this case, customs officials searched the home of Daniel Malcolm. However, Malcolm would not let them search a part of his cellar without the legal right to do so by threatening violence if they did because he believed they were acting illegally.
A writ of assistance is a court order directing law enforcement officers to take action to enforce a court's decision. In emergency custody cases, courts usually issue this writ to ensure the transfer of a child to the person with custody.
A writ of assistance is a legal order issued by a court that allows an officer to enter and search any premises suspected of containing contraband. This writ was historically used in colonial America and was one of the acts that led to the American Revolution.
Why were writs of assistance considered unconstitutional by opponents? They placed an undue burden on ships' captains. They did not require evidence of probable cause.
Among the grounds for which the colonists opposed the writs were that they were permanent and even transferable; the holder of a writ could assign it to another; any place could be searched at the whim of the holder; and searchers were not responsible for any damage they caused.