Appeals, Writs and Habeas Corpus Petitions

June 6, 2018Practice Areas

Appeals

The skilled attorneys at Bay Area Criminal Lawyers, PC, are dedicated to protecting your rights and freedom, including post-conviction relief such as appeals.

An appeal is a challenge to a conviction that can only be filed once a final verdict has been reached and the trial has concluded. Misdemeanor cases are appealed to the Appellate Division of the superior court where the case was heard, and a Notice of Appeal must be filed within 30 days of the conviction. Felony cases are appealed to the California Court of Appeals where the Notice of Appeal must be filed within 60 days of the order of conviction.

Appeals are merited in various circumstances such as when the law is clearly misapplied by the court, perhaps by prejudicial error or where there was no substantial evidence to support the trial court’s decision, or if you have been sentenced to a term that you feel is beyond what the law allows regarding the crime committed.

Appeals involve a great deal of time and preparation so it is critical that your appellate attorney be well-versed in your case, from your first court appearance through the verdict. To adequately prepare for an appeal, your appellate attorney must read all transcripts and motions from your case before and during the trial. Your appellate attorney must also write a compelling appellate brief containing the facts, arguments, and legal authority supporting overturning the conviction after reviewing your case thoroughly. If you believe your trial attorney did not perform to your expectations, you should strongly consider hiring a new attorney for your appeal, providing you with a genuine chance of overturning your wrongful conviction.

Writs

A writ is an immediate order that can occur during a trial, where an appellate court can review a trial court’s decision before the trial has concluded. A higher court may issue a writ to a lower court that demands the trial court to take a certain course of action in accordance with the law. Writs are issued when there are no other adequate remedies. Writs, like appeals, require a thorough analysis by an experienced attorney of the entire case record.

Habeas Corpus Petition

The writ of habeas corpus (“Great Writ”) is a legal document that orders whoever may be officially holding the petitioner, a person (prison warden), or an agency (jail/prison/institution), to produce the imprisoned individual to the court. The court then decides whether the individual is being held unlawfully, ensuring that he or she is not being deprived of his or her constitutional rights. The writ of habeas corpus is appropriate when you are being held in custody without Due Process.

The writ of habeas corpus can be filed at any time during the case or after the denial of a direct appeal. When appeal efforts are exhausted and other actions have been defeated, a writ of habeas corpus is then usually sought. A writ should be filed as soon as possible, as any undue delay in filing your writ of habeas corpus may result in the court declining to consider it.

At Bay Area Criminal Lawyers, PC, the experienced attorneys understand appeals, writs, and habeas corpus petitions are sometimes necessary to challenge one’s sentence or conviction. Bay Area Criminal Lawyers, PC employs attorneys dedicated to post-conviction relief such as senior attorney Jason T. Campbell, who will discuss all possibilities and options available and devise the best plan of action to vindicate their rights through the unwieldy habeas corpus process.

AppealsAppeals Writs Habeas