Criminal Law/trespass arrest

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Question
my 20 yr old son has an open case has been arrested once no other record.Here is the situation his friend & his mom got evicted from an apartment 2 days prior my son & 2 of his friends went over there to see if they had left yet they banged on the door no one answered my son went downstairs was standing outside on the sidewalk the other 2 were upstairs a neighbor called the woman who was evicted and said she thought someone was breaking in she called the police the police showed up asked my son what he was doing he explained to them what was happening the other 2 kids came out all 3 were arrested & charged with B&E even though the apartment was locked up  & my son was outside they all got bailed out and had to go to court the next day 2 of the kids were released but my son got 60 days because of the open case now the woman who originally called the police went to the DA & said she wanted to drop the charges it was a misunderstanding so i called the lawyer he basically told me that my son will still have to do the 60 days there is nothing i can do, my question is is there any legal basis for them to hold him in jail when there is no evidence no witness & no complaint there has to be something i can do to get him out any help would be great thank you

Answer
Mary,

Yes, you should consult an attorney (or try to do it by yourself (pro se)) and file a habeas corpus "you have the body" petition.  Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error.  I think this is your best chance.  

Jeff

Jeffrey Hauck, JD, CPO, CII, LPD
Licensed Private Detective

Criminal Law

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Jeffrey Hauck

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I would welcome the opportunity to answer questions relating to or related to the field of criminal law.

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Criminologist. Professor of Criminal Justice. Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL.

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Associate of Science; Bachelor of Arts; Master of Science, Doctor of Jurisprudence Degree.

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