Writs & Appeals Lawyer in Los Angeles
What is a Writ?
A Writ is an emergency request for the court to review something, right now. It is taken from a pre-judgment decision by the judge. A Writ is taken when the issue is too important to leave until the end of the case.
Writs are filed as Petitions. They request the Appellate Court to direct the Trial Court (where all Criminal cases are heard) to do something or not do something. The Writs that direct the Trial Court to do something are called Writs of Mandate. The Writs that direct the trial court not to do something are called Writs of Prohibition.
What Is An Appeal?
An appeal is when you ask the appellate court to correct a wrong the trial court did after judgment has been entered. You have either 30 or 60 days to file a notice of appeal. A misdemeanor has a 30 day time limit. A felony has a 60 day time limit. You can appeal a denial of a motion to suppress in a misdemeanor case even if you didn’t go to trial. For most other issues you have to go to trial or get a certificate of probable cause from the judge.
What is a Writ of Habeus Corpus?
Defendants can file Writs of Habeus Corpus after the time to file an appeal has lapsed. Literally, Habeus Corpus directs the Trial Court to bring the Defendant before the court because they are being wrongly held. Habeus Corpus is used to review the constitutionality of the Trial Court’s decision. You can also use it to allege ineffective assistance of counsel.
For more information contact criminal defense attorney of The Law Office of Edward J. Blum today.