Writs & Appeals Attorney
Criminal Defense Lawyer in Santa Rosa
When a court, judge, or government official makes an erroneous decision, it can lead to defendant mistreatment, critical case errors, or even wrongful imprisonment. In order to correct such dire mistakes, filing for an appeal or petitioning for a writ are often the only possible solutions. Finding a criminal defense attorney with the know-how to handle such a complex, high-stakes matter will be absolutely necessary.
My name is Joe Bisbiglia, and I am a writs and appeals lawyer in Santa Rosa who is here to assist you. In my 15+ years of legal experience, I have successfully managed some of the most difficult and complex criminal defense cases the courts of Northern California have seen, as many of myprevious clients can attest. When you have found yourself in need of focused, skillful, and confident representation, I encourage you to call my law office at 707.200.8948 or email me for an initial consultation.
Appeals to Higher Courts
If a trial court case concludes with a judgment of conviction but there is reason to believe an error led to that judgment, an appeal may be used to attack that judgment. An appeal is a legal request to a higher court, such as a Court of Appeal or Supreme Court of the same state or the United States Supreme Court, to review the case for technical errors that could have impacted its outcome. If one is deemed to exist, the higher court may reverse the conviction, adjust the ruling, or alter sentencing, or simply send the case back to the lower court for a retrial.
Reasons an appeal may be successful in a higher court:
- Legal error: Every stage of the criminal justice system should be carried out to the letter of the law. Any deviation from the norm, whether in pretrial motions or during the trial itself, could alter the outcome of the case. Indications of serious legal errors, such as inadmissible evidence being used against the defendant, often form the basis of an appeal’s success.
- Miscarriage of justice: Flagrant or egregious errors within a criminal proceeding may be labeled as miscarriages of justice and warrant a reversal on appeal. Openly biased jury members, lack of courtroom interpreters for a defendant who does not speak English as a first language, and defense counsel that actually works against the defendant are a few examples of miscarriages of justice.
- Erroneous judgment: A judge generally must use only the evidence and circumstances proven in court when deciding the applicable and appropriate penalties associated with a particular conviction. If the criminal punishment is unjustifiably steep in light of the evidence available for the court’s consideration, it could lead to a successful appeal. In such a situation, the appeal would most likely seek to reduce the sentence imposed, rather than vie for an entirely new trial.
Petitioning for a Writ
In some regards, a writ can be seen as an expedited form of an appeal. A lawyer can petition a higher court for a writ after an error or oversight places a client in jail, either as part of sentencing or as detainment before a trial occurs. A common type of writ is a writ of habeas corpus, which demands that the incarcerated person be given a court date as soon as possible to argue for relief.
Other forms of writs that may be of use in your case include:
- Writs of mandamus
- Writs of prohibition
- Writs of coram nobis
- Administrative mandamus writs
Appeals may take weeks, months, or longer to conclude since they move through the congested court system like another case. Writs are typically expedited and can sometimes be seen by a judge and acted upon in a matter of days. Due to the complexity and power of writs, they are regarded as last resort post-conviction options for the wrongfully imprisoned, usually only approved by a court when an appeal or alternative method is unavailable. You must be certain that your legal counsel has the ability and thorough understanding of laws and litigation to be able to successfully petition a writ.
Serious Representation in the Face of Serious Consequences
Writs and appeals may be the last effort available to protect you from unreasonable penalties, unjust convictions, and other abuses of the criminal justice system. Let me be the one to come to your side, stand before the court on your behalf, and do everything in my power to have your writ or appeal approved. So many people already know I am the Santa Rosa criminal defense attorney they can trust. Join them in their knowledge by contacting me and setting up an initial consultation.