Appeals, Writs & Habeas Corpus Petitions | San Francisco & Surrounding Areas
Appeals, writs and Habeas Corpus petitions are an area that can be vague to many people. You may feel that you were unjustly charged or did not receive a fair trial. A writ of Habeas Corpus protects you from having your freedom taken away when you feel that court actions were unfair or went against your constitutional rights. When you have been convicted of a crime and feel that justice was not served, the skills lawyers at Bay Area Criminal Lawyers, PC, are dedicated to protecting your rights and freedom.
The "great writ", or writ of Habeas Corpus, is a legal document that orders whoever may be officially holding the petitioner, or person requesting the writ, to come in to court in order to decide whether you are being held unlawfully. When appeal efforts are exhausted and other actions do not produce the desired results, a writ of Habeas Corpus is then sought. When you feel that you are being unlawfully detained or that the actions of the judicial system are harmful, Bay Area Criminal Lawyers, PC, is a firm of dedicated lawyers who are ready to do whatever it takes to ensure that you get justice.
An appeal can only be filed once a final verdict is reached and the trial has come to conclusion. A petition to a higher court after losing your case in a lower court, an appeal must be based on the facts of that trial, i.e. the law was clearly misapplied by the court. If you have been sentenced to a term that you feel is beyond what the law allows in relation to the crime committed, you may appeal the term of the sentence without actually appealing the conviction.
A writ is an immediate order that can come in the middle of a trial, disrupting it before it reaches finality. For example, a higher court may issue a writ to a lower court that demands they take a certain course of action in accordance with the law; these writs are issued only in circumstances when there are no other options.
At Bay Area Criminal Lawyers, PC, we understand that all of the legal jargon is confusing and complex, and that all you are looking for is fairness and justice. Whether it is an appeal, writ or Habeas Corpus petition that is necessary to challenge your sentence or conviction, we will discuss the possibilities for you and devise a plan of action. We believe that all defendants who question whether their rights have been violated should be able to challenge any questionable issues, and we provide the support you need, answering any and all questions you may have.